Mangubhai Bachubhai Kalara ... vs Parbatsinh Bhimsinh Rajput
2021 Latest Caselaw 5602 Guj

     C/FA/2644/2012                              JUDGMENT DATED: 08/06/2021




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2644 of 2012

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.C. RAO
=============================================

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 ?

=============================================
                  MANGUBHAI BACHUBHAI KALARA (BHIL)
                                Versus
                 PARBATSINH BHIMSINH RAJPUT & 2 other(s)
=============================================
Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1
DELETED(20) for the Defendant(s) No. 1
MR MAULIK J SHELAT(2500) for the Defendant(s) No. 3
RULE SERVED(64) for the Defendant(s) No. 2
=============================================

    CORAM:HONOURABLE MR. JUSTICE A.C. RAO

                             Date : 08/06/2021

                              ORAL JUDGMENT

1. This is an Appeal at the instance of the appellant -

original claimant under Section 173 of the Motor Vehicles Act,

1988 (for short "the M.V. Act") for enhancement of the

compensation awarded by the judgment and award dated

26th March, 2012 passed by the Motor Accident Claims

C/FA/2644/2012 JUDGMENT DATED: 08/06/2021

Tribunal (Auxi.) (for short "the Tribunal"), 8th (Ad- hoc)

Additional District Judge, at Vadodara in Motor Accident Claims

Petition No.1053 of 2003.

2. The brief facts leading to the present appeal are that, on

the day of accident i.e. on 10.03.2003, at about 00.45 hours,

the present appellant was going to cross the Dumad Chowkadi

by driving his vehicle Scooter No.GJ-6-Q-8105, at that time the

opponent no.1 being the driver of vehicle Luxury Bus No.RJ-24-

P-1483 came in rash and negligent manner, in excessive speed

and dashed with the Scooter of the appellant. As a result

thereof, the appellant was thrown away and his vehicle Scooter

had come in front of the left side of the Luxury Bus. Thus, the

appellant had sustained grievous head injuries. The accident in

question had occurred due to rash and negligent driving on the

part of the respondent No.1 herein (Deleted) and the complaint

regarding accident had been registered against the respondent

No.1 before the Vadodara Taluka Police Station, Dist: Vadodara

vide I-C.R. No.19 of 2003.

3. The Tribunal by the impugned judgment and award

awarded compensation of Rs.6,20,280/- alongwith

proportionate costs and interest @ 7.5% p.a. from the date of

filing the claim petition till realization and directed the

C/FA/2644/2012 JUDGMENT DATED: 08/06/2021

respondents to pay the compensation jointly and severally.

4. The appellant - original claimant is not happy with the

quantum of the compensation awarded by the Tribunal.

Therefore, he is before this Court for enhancement of the

compensation awarded by the Tribunal.

5. The learned counsel Mr.Hiren Modi, appearing for the

appellant, contended that the respondent no.1 was driving his

vehicle in rash and negligent manner and with excessive

speed and he had dashed the scooter of the appellant. He has

submitted that due to the said accident the appellant

sustained head injuries as well as fracture injuries on clavicle

bone and also sustained injuries on other vital parts of the

body. He has also submitted that due to head injuries he was

put into paraplegic situation. The appellant is suffering from

Epilepsy, loss of memory and cannot walk properly and even

he cannot move alone outside the home. He has also

submitted that the appellant sustained 30% disability of brain

and 69% of orthopedic. Therefore, the appellant has prayed for

enhancement of Rs.5,00,000/- against the respondents along

with interest.

6. On the other hand, Mr.Maulik Shelat, the learned counsel

appearing for the respondent no.3 - Insurance Company has

C/FA/2644/2012 JUDGMENT DATED: 08/06/2021

supported the impugned judgment and order passed by the

Tribunal and contended that the order of the Tribunal is

correct and does not require any interference. The Tribunal

has rightly calculated the compensation and the appeal is

required to be dismissed.

Though served, none has appeared on behalf of the

respondent No.2 i.e. the owner of the vehicle.

7. Heard the learned advocates for the respective parties

through video conferencing.

8. After substantial arguments by both the sides, the

question involved in this appeal is narrated out to the point

that Rs.1,00,000/- awarded by the Tribunal towards pain, shock

and suffering and loss of amenities & enjoyment of life is on

the lower side and after substantial arguments by the learned

advocates for the respective parties, they have agreed that it

may be enhanced from Rs.1,00,000/- to Rs.2,00,000/- and a

further amount of Rs.70,000/- be enhanced towards future

medical expenses, diet and attendant charges. In all, an

additional amount of Rs.1,70,000/- be enhanced towards

compensation.

9. Considering the facts of the case it appears that, the

C/FA/2644/2012 JUDGMENT DATED: 08/06/2021

appellant has sustained severe head injuries, he has developed

epilepsy and his life is in miserable condition and due to this

accident, his wife has also deserted him and therefore, I find

the proposal forwarded by the learned advocate for both the

parties is just and reasonable.

10. In the result, the Appeal is partly allowed. The

impugned Judgment and award dated 26th March, 2012

passed by the Motor Accident Claims Tribunal (Auxi.) (for short

"the Tribunal"), 8th (Ad- oc) Additional District Judge, at

Vadodara in Motor Accident Claims Petition No.1053 of 2003 is

hereby modified and it is held that the appellant - original

claimant is entitled to an additional compensation of

Rs.1,70,000/- with interest @ 7.5% p.a. from the date of filing

of the claim petition till realization.

11. The respondents, jointly and severally, are directed to

deposit the aforesaid enhanced amount of compensation in

the Tribunal with interest @ 7.5% p.a. from the date of filing of

the claim petition till realization within a period of eight

weeks from the date of receipt of certified copy of this

Judgment.

12. On deposit of the aforesaid amount, the Tribunal shall

pay the same to the appellant - original claimant by Account

C/FA/2644/2012 JUDGMENT DATED: 08/06/2021

Payee cheque on proper verification and identification.

13. The parties are left to bear their own costs. R & P is

ordered to be sent back to the Tribunal forthwith. The Appeal

stands disposed of accordingly.

(A. C. RAO, J) dolly