Oriental Insurance Company ... vs Vasantiben Bharatbhai Patel
2021 Latest Caselaw 18753 Guj

     C/FA/4562/2010                                JUDGMENT DATED: 24/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 4562 of 2010


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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      ORIENTAL INSURANCE COMPANY LIMITED, REGD. OFFICE AT
                          ORIENTAL
                           Versus
            VASANTIBEN BHARATBHAI PATEL & 3 other(s)
=============================================
Appearance:
MS KARUNA V RAHEVAR(3818) for the Appellant(s) No. 1
MS AMRITA AJMERA(5204) for the Defendant(s) No. 1,2,3
RULE SERVED(64) for the Defendant(s) No. 4
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    CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                               Date : 24/12/2021

                               ORAL JUDGMENT

1. The present Appeal is filed by the appellant - Insurance Company challenging the judgment and award dated 25.02.2010 passed by the Motor Accident Claims Tribunal (Main), at Navsari in Motor Accident Claim Petition No.246 of

C/FA/4562/2010 JUDGMENT DATED: 24/12/2021

2007, whereby the Tribunal partly allowed the claim petition filed by the original claimants.

2. The brief facts of the present case are as under:

2.1 On 05.11.2006, at about 8:45 p.m., when the driver of the Truck, bearing registration No.RJ-27-G-4041, loaded with marble stone, had taken the truck on reverse side, at that time, the marble stone fallen upon Bharatbhai. As a result of which, the deceased - Bharatbhai sustained serious injuries and died on the spot. Therefore, the claimants have filed the claim petition for compensation of Rs.15,00,000/- from the owner and insurance company of the Truck, involved in the accident.

2.2 The Tribunal, after considering the evidences on record, partly allowed the claim petition filed by the claimants and thereby awarded compensation of Rs.14,62,000/- with interest at the rate of 9% p.a. from the date of filing of the claim petition till its realization with proportionate costs from the opponents Nos.1 and 2, who are jointly and severally liable to pay the same.

2.3 Being aggrieved and dissatisfied by the judgment and award passed by the Tribunal, the appellant - Insurance Company has preferred the present Appeal before this Court.

3. Heard Ms. Karuna V. Rahevar, the learned counsel appearing for the appellant - Insurance company and Ms. Amrita Ajmera, the learned counsel appearing for the respondents Nos.1 to 3 - original claimants.

4. Ms. Karuna V. Rahevar, the learned counsel appearing for

C/FA/4562/2010 JUDGMENT DATED: 24/12/2021

the appellant - Insurance Company submitted that the Tribunal has not considered the income of the deceased in its true and prospective spirit. She submitted that the compensation awarded by the Tribunal is on higher side and therefore, the same is required to be modified. She further submitted that the judgment and award passed by the Tribunal is contrary to the law and facts of the case, and therefore, the same is required to be quashed and set aside.

5. Heard the learned counsel appearing for the respective parties and perused the Record and Proceedings and the paper book. It is to be noted that there is no cross objections or appeal qua enhancement is filed by the original claimants. Considering the facts of the present case and the ratio laid down by the Supreme Court in case of Sarla Verma & Ors. vs Delhi Transport Corp.& Anr. reported in 2009 (6)SCC 121, National Insurance Company vs. Pranay Shethi and Ors. reported in 2017 (16)SCC 680 and Magma General Insurance Co. Ltd vs. Nanu Ram Alias Chuhru Ram, reported in (2018) 18 SCC 130, this Court is of the view that no interference is required to be called for in the judgment and award passed by the Tribunal.

6. In view of the above, the present Appeal is hereby dismissed. The awarded amount deposited before the Tribunal shall disburse in favour of the original claimants. No order as to costs.

7. Registry is directed to send the original Record and Proceedings back to the concerned Tribunal forthwith.

(HEMANT M. PRACHCHHAK,J) NEHA