Gujarat High Court
Haresh Gaurishankar Raval vs Taiyab Kasam Kumbhar on 14 December, 2022
Bench: Hemant M. Prachchhak
C/FA/2349/2019 JUDGMENT DATED: 14/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2349 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
==========================================================
1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
==========================================================
HARESH GAURISHANKAR RAVAL
Versus
TAIYAB KASAM KUMBHAR
==========================================================
Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
MR. ALKESH N SHAH(3749) for the Defendant(s) No. 6
MR. ANSHUL R SHAH(10413) for the Defendant(s) No. 5
MR. NISHIT P GANDHI(6946) for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 1,2,4
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 14/12/2022
ORAL JUDGMENT
1. This appeal is filed by the appellant- original claimant seeking
enhancement of the compensation amount awarded by the learned
C/FA/2349/2019 JUDGMENT DATED: 14/12/2022
Motor Accident Claims Tribunal (Aux.3), Gandhidham-Kachchh
(hereinafter referred to as "the Tribunal") vide impugned judgment
and award dated 10.1.2019 passed in M.A.C.P. No.217 of 2016,
whereby the Tribunal has partly allowed the claim petition and
awarded a sum of Rs.3,24,204/-.
2. It came to be held by the Tribunal that said amount was
ordered to be awarded to the deponents. Feeling aggrieved and
dissatisfied with the impugned judgment and award, present appeal
has been filed.
3. Brief facts of the present case are that on 29.4.2016, the
claimant was going to Samakhiyali village from Rahpar in Toofan
Jeep No. GJ-8-Y-1131 driven by the opponent No.4. That on or
about 4:30 p.m. when they reached near Badargadh Patia Jalaram
Mandir near hotel, at that time, the opponent No.4 was driving the
said Toofan jeep in slow speed and on that left hand side of the road,
at that time, the opponent No.1 came with his Dumper No. GJ-12-
AW-1301 on the wrong side rashly, negligently and also at an
C/FA/2349/2019 JUDGMENT DATED: 14/12/2022
excessive speed and had dashed with the Toofan Jeep and thereby
caused the vehicular accident. Due to the accident, claimant
sustained serious and grievious injuries. Accident had occurred due
to the negligence on the part of the opponent No.1. Opponent No.1,2
and 3 being driver, owner and insurer of Dumper No. GJ-12-AW-
1301 and the opponent Nos. 4,5 & 6 being driver, owner and insurer
of Toofan Jeep No. GJ-8-Y-1131, as such all the opponents are
jointly and/or severally liable to pay compensation. Thereafter, FIR
came to be filed. 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.3,24,204/- under the
different heads as against the claim of Rs.8,00,000/-.
4. Heard Nishit Bhalodi, learned Counsel appearing for the
appellant; Mr. H.G.Majmudar, learned Counsel for respondent No.3-
New Indian Assurance Co.Ltd. and Mr. Alkesh Shah, learned
counsel appearing for the respondent No.6- Iffco Tokio General
Insurance Company Ltd. .
C/FA/2349/2019 JUDGMENT DATED: 14/12/2022
5. Mr. Nishit Bhalodi, learned counsel appearing for the
appellant has submitted that learned Tribunal has not properly
appreciate the evidence on record while passing the impugned
judgement and award and therefore, the impugned judgment and
award is erroneous. He has further submitted that learned Tribunal
has not properly appreciate the income of the injured . He has further
contended that learned tribunal has not properly awarded the
amount under the head of pain, shock and suffering. He has further
contended that learned tribunal has committed an error by awarding
Rs.5,000/- towards special diet. Therefore, present appeal be allowed
and the impugned judgement and award passed by the learned
Tribunal be modified to the extent as prayed for.
6. Per contra, Mr. Alkesh Shah, learned counsel appearing for
respondent No.6 -Iffco Tokio General Insurance Co. Ltd. and Mr.
H.G.Majmudar, learned Counsel appearing for the respondent No.3 -
New India Assurance Co. Ltd., they both have objected the present
appeal and contended that learned tribunal has rightly passed the
impugned judgement and award and no interference is required to
C/FA/2349/2019 JUDGMENT DATED: 14/12/2022
be called for. However, both have candidly submitted that in
calculation the appropriate modification as per the recent
judgemnent of the Hon'ble Apex Court can be modified.
7. Considering the submissions made by learned advocates
appearing for the respective parties and averments made in the
present appeal and also considered the fact of the present case, I am
of the considered opinion that the present appeal deserves to be
allowed in part. The impugned judgement and award passed by the
Tribunal is to be modified to the extent that the appellant is entitled
to Rs.4,73,104/- out of that, learned Tribunal has awarded Rs.
3,24,204/- so the appellant is entitled to get the enhanced amount of
compensation to the tune of Rs.1,48,900/- in addition to the amount
awarded by the learned Tribunal. The enhanced amount of
compensation shall carry 6% simple interest from the date of the
application till its realization. The appeal requires to be allowed in
part and the impugned judgment and award requires to be substituted
by enhancing the amount of compensation and, therefore, the
compensation is enhanced under the following heads:-
C/FA/2349/2019 JUDGMENT DATED: 14/12/2022
Head Rupees
Rs.6000x20%x12x17 2,44,800/-
Pain, Shock and suffering 20,000/-
Special Diet, Transportation, Attendant 15,000/-
charges
Two months Actual loss 12,000/-
Medical expenses 1,81,304/-
Total 4,73,104/-
Awarded amount 3,24,204/-
Enhance amount of compensation 1,48,900/-
8. For the foregoing reasons, the appeal is allowed in part. The
judgment and award dated 10.1.2019 passed by the learned Motor
Accident Claims Tribunal (Aux.3), Gandhidham-Kachchh is hereby
modified and in addition to what has been awarded by the Tribunal,
a sum of Rs.1,48,900/- 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 Insurance Company 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
C/FA/2349/2019 JUDGMENT DATED: 14/12/2022
bank account details shall be furnished by the learned advocate for
the claimant to the Nazir Department of the Court concerned.
9 The appellant is directed to pay deficit court fees, if any, on
the enhanced amount within one month from the date of receipt of
certified copy of this order. The apportionment and order for
disbursement as made by the Tribunal in the operative portion of the
order shall hold good.
10. Record and proceedings be sent back to the concerned
Tribunal forthwith. Pending civil applications, if any, shall stand
disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
BEENA SHAH
