Patel Ramabhai Mangaldas vs Dasarathbhai Bababhai Patel
2022 Latest Caselaw 10082 Guj

     C/FA/1775/2018                               JUDGMENT DATED: 14/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1775 of 2018
                                   With
                      R/FIRST APPEAL NO. 1777 of 2018
                                   With
                      R/FIRST APPEAL NO. 1771 of 2018

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK                            Sd/-

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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 ?

==========================================================
                  PATEL RAMABHAI MANGALDAS & 1 other(s)
                                 Versus
                 DASARATHBHAI BABABHAI PATEL & 2 other(s)
==========================================================
Appearance:
MR ANVESH V VYAS(5654) for the Appellant(s) No. 1,2
UMANG S SHETH(7533) for the Appellant(s) No. 1,2
for the Defendant(s) No. 1,3.1,3.2,3.3,3.4,3.5
MRS VASAVDATTA BHATT(193) for the Defendant(s) No. 2
RULE NOT RECD BACK for the Defendant(s) No. 3
==========================================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                              Date : 14/12/2022

                        COMMON ORAL JUDGMENT

C/FA/1775/2018 JUDGMENT DATED: 14/12/2022

1. Since all the three first appeals arising from the

same accident, they are decided by this common

judgment.

2. Present first appeals are filed by the original claimants

- legal heirs (parents) of the deceased for enhancement of

the amount awarded by the learned Tribunal.

3. Feeling aggrieved and dissatisfied with the

impugned common judgment and award dated 28.6.2016

passed by the learned Motor Accident Claims Tribunal

(Aux.), at Mehsana in Motor Accident Claims Petition

Nos.710 of 2009, 711 of 2009 and 712 of 2009 whereby

the Tribunal has partly allowed the claim petitions and

awarded Rs.3,86,000/- towards compensation to the legal

heirs (parents) of the deceased of Motor Accident Claims

Petition Nos.710 of 2009 and 712 of 2009 and

Rs.4,34,000/- towards compensation to the legal heirs

(parents) of the deceased of Motor Accident Claims

Petition No. 711 of 2009, the original claimants (parents

C/FA/1775/2018 JUDGMENT DATED: 14/12/2022

of the deceased) have preferred present First Appeals.

4. The common short facts giving rise to present appeals

read as under:-

4.1 On the date of accident, deceased with other persons

were travelling in a Jeep Car bearing Registration No. GJ-

7-H-3930. When the said Jeep Car reached at the place of

occurrence, one S.T. Bus bearing registration No. GJ-18-

V-9266 from opposite side in a rash and negligent manner

with excessive speed and dashed with the Jeep Car and

thereby accident took place. In the said accident, several

passengers have received serious injuries. Due to said

accident (1) Hiralben (2) Pranavkumar and (3) Shilkiben

have received fatal injuries and succumbed to the

injuries.

4.2 Hence, the legal heirs (parents) of the said three

deceased have filed claim petitions bearing Motor

Accident Claims Petition Nos.710 of 2009, 711 of 2009

and 712 of 2009 before the learned Motor Accident

C/FA/1775/2018 JUDGMENT DATED: 14/12/2022

Claims Tribunal (Aux.), at Mehsana.

4.3 The learned Tribunal has considered the oral and the

documentary evidence and after considering the

arguments of all the concerned parties, partly allowed the

claim petitions and awarded Rs.3,86,000/- each towards

compensation in favour of legal heirs of the deceased of

Motor Accident Claims Petition Nos.710 of 2009 and 712

of 2009 and Rs.4,34,000/- towards compensation in

favour of legal heirs of the deceased of Motor Accident

Claims Petition No. 711 of 2009. Therefore, the legal

heirs being parents of the deceased have filed present

first appeals for enhancement of the compensation

awarded by the learned Tribunal.

5. Heard learned Counsel Mr. Anvesh Vyas, appearing for

the appellants - original claimants, learned Counsel Ms.

Vasavdatta Bhatt appearing for the Gujarat State Road

Transport Corporation (hereinafter referred to as the

"Corporation"). Though the rule is served upon

respondent No. 3 nobody is appearing on behalf of the

C/FA/1775/2018 JUDGMENT DATED: 14/12/2022

respondent No.3.

6. Learned Counsel for the applicants has submitted that

the learned Tribunal has committed error by not

considering the settled legal principle enunciated by the

Hon'ble Apex Court in case of Sarla Verma and others

Vs. Delhi Transport Corporation and another,

(2009) 6 SCC 121 and National Insurance Company

Limited Vs. Pranay Sethi and others, (2017) 16 SCC

680. He further submitted that looking to the age of the

minor deceased the compensation requires to be

enhanced and present first appeals may be allowed.

7. On the other hand, Ms. Vasavdatta Bhatt, learned

Counsel for the respondent - Corporation has submitted

that learned Tribunal has not committed any error and

learned Tribunal has awarded just and adequate

compensation. She further submitted that in that view of

the matter, this Court may not interfere with the

impugned common judgment and award of the learned

Tribunal and the appeal may be rejected.

C/FA/1775/2018 JUDGMENT DATED: 14/12/2022

8. It appears that from the record that the learned

Tribunal has not awarded the amount under head for

which the appellants are entitled. On perusal of the

material available on the record of the appeals, it

transpires that all the deceased were minor and studying

in the school and they were travelling in the offending

vehicle and lost their lives. Considering the recent

decision of the Hon'ble Apex Court in case of Sarla

Verma (supra) and National Insurance Company

Limited (supra) the claimants are entitled to recover

just and adequate compensation. In view of the recent

decision of the Hon'ble Apex Court in case of Meena

Devi Vs. Nunu Chand Mahto @ Nemchand Mahto,

reported in AIR 2022 SC 5006, the impugned

judgment and award passed by the learned Tribunal

requires to be modified and the compensation awarded by

the learned Tribunal requires to be enhanced.

9. In that view of the matter, the appellants of all the

three first appeals are entitled to get compensation in

C/FA/1775/2018 JUDGMENT DATED: 14/12/2022

following manner:-

First Appeal No. 1777 of 2018
MACP No. 711 of 2009
Age:-17 years

Revised awarded amount
Rs. 30,000         x     18                =      Rs. 5,40,000
Original Awarded Amount
Rs. 24,000         x     16                =      Rs. 3,84,000

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Enhanced amount = Rs. 1,56,000

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First Appeal No. 1771 of 2018 MACP No. 710 of 2009 Age:-16 years Revised awarded amount Rs 30,000 x 18 = Rs. 5,40,000 Original Awarded Amount Rs 24,000 x 14 = Rs. 3,86,000 (Rs.50,000/- for loss of love and affection)

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Enhanced amount = Rs. 1,54,000/-

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First Appeal No. 1775 of 2018 MACP No. 712 of 2009 Age:-16 years Revised awarded amount Rs. 30,000 x 18 = Rs. 5,40,000 Original Awarded Amount Rs. 24,000 x 14 = Rs. 3,86,000 (Rs.50,000/- for loss of love and affection)

C/FA/1775/2018 JUDGMENT DATED: 14/12/2022

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Enhanced amount = Rs. 1,54,000/-

10. Therefore, the present appeals succeed in part and

the impugned common judgment and award dated

28.6.2016 passed by the learned Motor Accident Claims

Tribunal (Aux.), at Mehsana in Motor Accident Claims

Petition Nos.710 of 2009, 711 of 2009 and 712 of 2009, is

hereby modified to the extent that the appellants of First

Appeal No. 1777 of 2018 are entitled to get enhanced

amount of compensation of Rs.1,56,000/-, appellants of

First Appeal No. 1771 of 2018 are entitled to get

enhanced amount of compensation of Rs.1,54,000/- and

appellants of First Appeal No. 1775 of 2018 are entitled

to get enhanced amount of compensation of

Rs.1,54,000/-. The enhanced amount carries 6% interest

from the date of application till the realization of the

award.

11. The Corporation is hereby directed to deposit the

aforesaid enhanced amount of compensation with the

learned Tribunal within period of 8 weeks from the date

C/FA/1775/2018 JUDGMENT DATED: 14/12/2022

of receipt of the present order with 6% interest.

12. Upon deposition of the enhanced amount, the

learned Tribunal, after verifying the bank details of the

accounts of the original claimants - present appellants,

shall disburse the aforesaid enhanced amount through

R.T.G.S. only in the bank accounts of the present

appellants. No order as to costs.

13. The present three first appeals stand disposed of

accordingly.

Sd/-

(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI