Gujarat High Court
Jigar Lalitbhai Vyas vs Gujarat State Road Transport ... on 14 December, 2022
Bench: Hemant M. Prachchhak
C/FA/1112/2018 JUDGMENT DATED: 14/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1112 of 2018
FOR APPROVAL AND SIGNATURE: Sd/-
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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1 Whether Reporters of Local Papers may be No
allowed to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair No
copy of the judgment ?
4 Whether this case involves a substantial No
question of law as to the interpretation of the
Constitution of India or any order made
thereunder ?
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JIGAR LALITBHAI VYAS
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION
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Appearance:
CHINMAYI M TRIVEDI(9002) for the Appellant(s) No. 1
SHRIKAR H BHATT(2573) for the Appellant(s) No. 1
MRS VASAVDATTA BHATT(193) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 14/12/2022
ORAL JUDGMENT
C/FA/1112/2018 JUDGMENT DATED: 14/12/2022
1. This appeal is filed by the appellant - claimant seeking
enhancement of the compensation amount awarded by the
Motor Accident Claims Tribunal (Aux.), City Civil and Sessions
Court, Court No.11, Ahmedabad City (hereinafter referred to as
"the Tribunal") vide impugned judgment and award dated
28.10.2016 passed in M.A.C.P. No.523 of 2010, whereby the
Tribunal has partly allowed the claim petition.
2. Brief facts of the present case are that on 22.07.2010, the
appellant was going to the college in S. T. Bus and reached at
Gitamandir S. T. Bus Stand and he was walking beside the road
towards platform no.4 and when, he was walking at that time a
S.T. Bus bearing registration No.GJ-18-Y-654 came behind him in
rash and negligent manner and in excessive speed dashed with
him from the conductor side of the bus, due to which he fell
down and sustained injury. Hence, the appellant - original
claimant has filed claim petition before the Tribunal. The
Tribunal, after evaluating the pleadings and evidence tendered
by the parties, partly allowed the claim petition and awarded a
sum of Rs.84,380/- under the different heads as against the
C/FA/1112/2018 JUDGMENT DATED: 14/12/2022
claim of Rs.3,00,000/-.
3. It came to be held by the Tribunal that said amount was
ordered to be awarded to the deponents. Not being satisfied with
the compensation amount, this appeal has been filed.
4. Heard Mr.Trivedi, learned counsel appearing for the
appellant and Mrs.Bhatt, learned counsel appearing for the
respondent - Corporation.
5. Mr.Trivedi, learned counsel appearing for the appellant has
submitted the same facts which are narrated in the memo of
appeal. He has submitted that the appellant was 19 years of age
at the time of accident and he was studying in the college and
by giving personal tuition to the other students, he was earning
Rs.3,000/- per month. He has submitted that the Tribunal has not
properly appreciated the evidence produced on record while
determining the income of the injured. He has submitted that the
Tribunal has also not properly considered the factum of the
accident and has committed an error in awarding the
compensation. He has submitted that the impugned award
deserves to be modified and the amount of compensation
C/FA/1112/2018 JUDGMENT DATED: 14/12/2022
deserves to be enhanced.
6. As against that Mrs.Bhatt, learned counsel appearing for
respondent - Corporation has supported the impugned judgment
and award passed by the Tribunal. She has submitted that so far
as the income of the appellant is concerned, there is no cogent
and proper proof or evidence led by the appellant of his income
and even the multiplier applied by the Tribunal is just and proper
and, therefore, no interference is called for. She has submitted
that the appeal being meritless deserves to be dismissed.
7. Having considered the averments made in the appeal,
submissions made by the learned counsel appearing for both the
sides and considered the facts of the case and perused the
record and proceedings, it appears that the appellant is aged
about 19 years at the time of accident and he was studying in
college and also giving tuition class to the students. That if the
minimum wages standard prevailing on the date of accident is
taken into consideration, the income of the appellant is required
to be considered at Rs.4,846/- instead of Rs.1,500/-. It appears
from the record that the claimant was remained as an indoor
C/FA/1112/2018 JUDGMENT DATED: 14/12/2022
patient in different hospitals for different purpose and the
Tribunal has observed that the claimant is suffering permanent
partial disablement as 12% body as a whole. Therefore, the
present appeal requires consideration to the that extent.
8. Considering the ratio laid down by the Hon'ble Supreme
Court in the case of Kajal Vs. Jagdish Chand and others, AIR
2002 SC 776, I am of the considered view that the appeal
requires to be allowed and the impugned judgment and award
requires to be substituted by enhancing the amount of
compensation. Now, considering the disablement of the
claimant, the compensation is required to be redetermined as
under:
Future loss of income: Rs.1,25,712.00
Rs.4,846/- (Minimum wages) X 12% disability = Rs.581.52
@ Rs.582 x 12 = Rs.6,984 x 18 multiplier
Pain, shock and sufferings Rs.25,000.00
Special diet & attendant charges Rs.18,000.00
Actual loss of income Rs.4,846.00
Total compensation Rs.1,73,558.00
Less: Compensation awarded by the Tribunal Rs.84,380.00
Additional Amount of compensation Rs.89,178.00
Accordingly a sum of Rs.89,178/- as additional
compensation requires to be awarded towards future loss of
C/FA/1112/2018 JUDGMENT DATED: 14/12/2022
income, which is just and reasonable compensation and the
same is awarded in addition to Rs.84,380/- awarded by the
Tribunal. However, the appellant is entitled to the additional
amount of compensation of Rs.89,178/- along with interest at the
rate of 6% from the date of application till its realization.
9. For the foregoing reasons, the appeal is allowed in part.
The judgment and award dated 28.10.2016 passed by the Motor
Accident Claims Tribunal is hereby modified and in addition to
what has been awarded by the Tribunal, a sum of Rs.89,178/- as
additional amount with interest at the rate of 6% per annum is
awarded which shall be from the date of filing claim petition till
its realization. The Corporation is directed to deposit additional
amount of compensation with 6% interest as early as possible
within an outer limit of eight weeks from the date of receipt of
certified copy of this order. After deposit of the additional
amount of compensation, the same shall be disbursed in favour
of the claimant through RTGS, after proper verification. The bank
account details shall be furnished by the learned advocate for
the claimant to the Nazir Department of the Court concerned.
The apportionment and order for disbursement as made by the
C/FA/1112/2018 JUDGMENT DATED: 14/12/2022
Tribunal in the operative portion of the order shall hold good.
Record and proceedings be sent back to the concerned
Tribunal forthwith, if any. Pending civil applications, if any, shall
stand disposed of accordingly.
Sd/-
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
