Heirs Of Decd. Vishalkumar ... vs Mohd. Faruk Fazalahmed Galani ...
2021 Latest Caselaw 6096 Guj

      C/FA/7/2013                              JUDGMENT DATED: 16/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 7 of 2013


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.C. RAO
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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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     HEIRS OF DECD. VISHALKUMAR BALUBHAI PANCHAL & 2 other(s)
                             Versus
       MOHD. FARUK FAZALAHMED GALANI (MEMON) & 1 other(s)
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 2
RULE SERVED(64) for the Defendant(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE A.C. RAO

                          Date : 16/06/2021
                          ORAL JUDGMENT

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

original claimants 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

5.4.2012 passed by the Motor Accident Claims Tribunal (Auxi.)

(for short "the Tribunal"), Nadiad, in Motor Accident Claims

C/FA/7/2013 JUDGMENT DATED: 16/06/2021

Petition No.247 of 2011.

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

son of the appellant No.1 and 2 namely Vishalkumar Balubhai

Panchal (who died in the accident), on 26.12.2010, was going

on his scooter to purchase some household items from

Kapadwanj, when he reached near Triveni Park near Townhall,

at that time, the driver of the truck No.GJ.1.BT.8196 came in

excessive speed in rash and negligent manner and dashed

with the scooter of the deceased due to which, the deceased

sustained serious injuries and succumbed to the injuries.

3. The Tribunal by the impugned judgment and award,

awarded compensation of Rs.1,84,500/- alongwith

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

filing the claim petition till realization and directed the

respondents to pay the compensation jointly and severally.

4. The appellants - original claimants are not happy with the

quantum of the compensation awarded by the Tribunal.

Therefore, they are before this Court for enhancement of the

compensation awarded by the Tribunal.

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

appellants, contended that the main claim petition was filed by

C/FA/7/2013 JUDGMENT DATED: 16/06/2021

the appellants under Section 163-A of the M.V.Act and that

therefore, the appellants - original claimants are not required

to establish negligence of the involved vehicle and they are

entitled for the compensation as per the Schedule given in the

said Act. He has submitted that the tribunal has wrongly

assessed the monthly income of the deceased at Rs.1,500/-

and on that basis, the tribunal erred in assessing the

compensation and that therefore, the compensation awarded

by the tribunal is on lower side because at the relevant time,

the minimum wages prevailing was at Rs.4,000/- per month.

6. On the other hand, Mr.Palak Thakkar, the learned

counsel appearing for the respondent no.2 - Insurance

Company has 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. He

has submitted that 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.1.

7. Heard the learned advocates for the respective parties

through video conferencing.

C/FA/7/2013 JUDGMENT DATED: 16/06/2021

8. After substantial arguments by both the sides, this Court

is of the view that the victim was, since at the relevant time

aged about 17 years and 7 months, his monthly income should

be considered at least at Rs.3,000/- per month and considering

the same, as per the Schedule of the Act, the claimants would

be entitled to Rs.6,84,000/- towards future economic loss and

upon deduction of 1/3rd amount towards personal expenses of

the victim (i.e. Rs.2,28,000/-), Rs.4,56,000/- is required to be

awarded towards future economic loss with Rs.2,000/- towards

funeral expenses and Rs.2,500/- towards loss of estate, i.e.

totaling to Rs.4,60,500/- is required to be awarded. The

Tribunal has already awarded compensation of Rs.1,84,500/-,

therefore, an additional amount of Rs.2,76,000/- is awarded to

the claimants towards enhanced compensation. The rate of

interest and other conditions of the impugned judgment and

award are not disturbed.

At this stage, it is required to be noted that the claimant

had claimed compensation at Rs.4,32,900/- before the tribunal,

but it is not res-integra that even at appellate stage, just

compensation can be awarded and enhanced amount can be

granted than the claim amount claimed by the claimants.

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

C/FA/7/2013 JUDGMENT DATED: 16/06/2021

impugned judgment and award dated 5.4.2012 passed by the

Motor Accident Claims Tribunal (Auxi.), Nadiad, in Motor

Accident Claims Petition No.247 of 2011 is hereby modified

and it is held that the appellants - original claimants are

entitled to an additional compensation of Rs.2,76,000/-

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

petition till realization.

10. 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.

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

pay the same to the appellants - original claimants by Account

Payee cheque on proper verification and identification.

12. 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) KAUSHIK D. CHAUHAN