Fatesing Galabsing Chavda vs Banvarilal Kamudayal Yadav
2022 Latest Caselaw 10109 Guj

       C/FA/2136/2017                               ORDER DATED: 14/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2136 of 2017

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                      FATESING GALABSING CHAVDA
                                Versus
                 BANVARILAL KAMUDAYAL YADAV & 4 other(s)
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Appearance:
MR VAIBHAV N SHETH(5337) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2
MAZHARKHAN M PATHAN(8135) for the Defendant(s) No. 4
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
MR RITURAJ M MEENA(3224) for the Defendant(s) No. 5
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     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                Date : 14/12/2022

                                 ORAL ORDER

1. Heard learned advocates for the respective parties.

Perused the record.

2. This appeal is filed being aggrieved by the judgment and

award dated 07.09.2016 passed by the Court of 3 rd Additional

District Judge, Motor Accident Claims Tribunal (Aux.), Kheda @

Nadiad in Motor Accident Claims Petition No.2687 of 2001.

3. By the award under challenge, the Tribunal has awarded

compensation of Rs.2,37,113/- under the following different

C/FA/2136/2017 ORDER DATED: 14/12/2022

heads:

Rs.1,24,800/-          Towards future economic loss

Rs.35,000/-            Pain, shock and suffering

Rs.25,000/-            Special diet, attendant & transportation

Rs.32,313/-            Medical bills

Rs.20,000/-            Actual Loss

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Rs.2,37,113/-. TOTAL

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4. Having perused the award of the Tribunal and considering

the nature of injury, treatment period, vocational disability of the

appellant etc., under the head of Pain, Shock and Suffering, the

amount is enhanced from Rs.35,000/- to Rs.50,000/-, under the

heading of Actual Loss, the amount is enhanced from Rs.20,000/-

to Rs.35,000/- and under the head of Loss of Amenities, the

appellant is awarded an amount of Rs.20,000/-. Therefore, in

addition to the awarded the amount of Rs.2,37,113/-, an

additional amount of Rs.50,000/- is awarded to the appellant. In

C/FA/2136/2017 ORDER DATED: 14/12/2022

other words, the total awarded amount is enhanced from

Rs.2,37,113/- to Rs.2,87,113/-. The award of the Tribunal is

modified accordingly.

5. It is made clear that on the original amount of

Rs.2,37,113/-, the appellant shall earn interest @ 9% p.a. as

awarded by the Tribunal and on enhanced amount of Rs.50,000/-

the interest @ 6% p.a. from the date of the claim petition till the

deposit of the amount. Amount is ordered to be deposited within

a period of eight weeks from the date of receipt of the order in

the concerned Tribunal. On depositing such amount, the Tribunal

shall disburse the amount to the appellant through RTGS on

proper verification.

6. The appeal is partly allowed in above terms. No order as to

costs. Record & Proceedings, if any called for, be sent back to

the concerned Tribunal.

(BIREN VAISHNAV, J) VATSAL