Vilasben Shanabhai Tadvi vs South Gujarat Vij Company Limited
2021 Latest Caselaw 4752 Guj

                C/SA/53/2021                                ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/SECOND APPEAL NO. 53 of 2021
============================================
                   VILASBEN SHANABHAI TADVI
                                 Versus
             SOUTH GUJARAT VIJ COMPANY LIMITED
============================================
Appearance:
MR MTM HAKIM FOR MR MOHSIN M HAKIM(5396) for the
Appellant(s) No. 1
for the Respondent(s) No. 1,2
============================================
CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
                           Date : 25/03/2021
                            ORAL ORDER

Heard learned Advocate Shri MTM Hakim for learned Advocate Shri Mohsin M. Hakin on behalf of the appellant.

Learned Advocate has moved draft amendment and he further submits that the said amendment would be filed during the course of the day.

Considering the same, draft amendment is granted.

Issue Notice returnable on 22.04.2021.

Following substantial questions of law are raised:

[A] Whether both the Courts below could have considered disability other than what is assessed in disability certificate by a competent doctor?

[B] Whether the Appellate Court was justified in considering the notional income as Rs. 15000/- per annum in contravention to the judgment of the Hon'ble Supreme Court in the case of Kishan Gopal Vs. Lala reported in 2014(1) SCC 244?

                   C/SA/53/2021                           ORDER




[C]     Whether the Trial Court was justified in awarding Rs. 30,000/- only

towards pain, shock and suffering and Rs. 10,000/- only towards loss of amenities of life?

[D] Whether the Appellate Court was justified in awarding Rs. 50,000/- only towards pain, shock and suffering and not awarding any amount towards loss of amenities of life?

[E] Whether the Trial Court was justified in awarding Rs. 15,000/- only towards loss of academic year and Appellate Court was justified in not awarding any compensation for loss of academic year?

[F] Whether the Trial Curt was justified in awarding Rs. 50,000/- only towards loss of marriage prospects and Appellate Court was justified in awarding Rs. 22,500/- only towards loss of marriage prospects?

[G] Whether both the Courts below were justified in awarding interest at the rate of 6%?

[H] Whether the Courts below acted contrary to Article 141 of the Constitution by acting contrary to the law of the land on the material issues involved in the suit?

[I] Whether the Courts below erred in deciding the Appellant's claim for compensation completely contrary to the binding judicial precedents on issues of functional disability, notional income, prospective future rise in income etc.?

Direct service is permitted.

(NIKHIL S. KARIEL,J)

niru