New India Assurance Co. Ltd vs Paraskumar Vishnubhai Dave
2022 Latest Caselaw 1085 Guj

      C/FA/2030/2007                            JUDGMENT DATED: 02/02/2022



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 2030 of 2007


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE R.M.CHHAYA

and

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                      NEW INDIA ASSURANCE CO. LTD.
                                  Versus
                  PARASKUMAR VISHNUBHAI DAVE & 5 other(s)
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR SUNIL K SHAH(803) for the Defendant(s) No. 1
MS SUSHMA S SHAH(806) for the Defendant(s) No. 1
RULE UNSERVED for the Defendant(s) No. 2
SERVED BY AFFIX. (R) for the Defendant(s) No. 3
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    CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
          and
          HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                         Date : 02/02/2022
                        ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK)

C/FA/2030/2007 JUDGMENT DATED: 02/02/2022

1. Present First Appeal is filed by the New India Assurance Company Ltd. challenging the impugned judgment and award dated 15.12.2006 passed by the learned Motor Accident Claims Tribunal (Aux), Ahmedabad (Rural) in MACP no.937/96, whereby the learned Motor Accident Claims Tribunal has partly allowed the claim petition. Feeling aggrieved and dissatisfied with the impugned judgment and award, the present appellant has preferred the First Appeal before this Court.

2. Following facts emerge from the record of the appeal:-

2.1 That the accident took place on 5.5.1996 at about 02.30 a.m. near Bagodara on national highway. It is the case of the original claimant that on that day, the deceased-Gunvantray Dave and his nephew-Paraskumar were returning from Bhavnagar to Ahmedabad in a Maruti Van bearing registration no.GUF - 2100. It is the case of the original claimant that the deceased was driving the said Maruti Van in a moderate speed and on correct side of the road. At that time, a luxury bus bearing registration no. GJ-1 V-2242 came from opposite direction being driven in a rash and negligent manner and dashed with the Maruti Van, as a result of which, the deceased- Gunvantray Dave sustained grievous injuries and succumbed to the same and Paraskumar sustained

C/FA/2030/2007 JUDGMENT DATED: 02/02/2022

fracture injuries. It is the case of the original claimant that the injured was 41 years old on the date of the accident and was earning more than Rs.7,000/- per month and thereby, claimed compensation of Rs.3,00,000/-. The Tribunal, after appreciating the evidence on record, awarded total compensation of Rs.1,17,000/- along with 7.5% interest per annum with proportionate costs and interest from the date of filing of the claim petition till its realization. Being aggrieved by the same, the appellant-insurance Company has preferred this appeal.

3. Heard Mr. Vibhuti Nanavati, learned advocate for the appellant and Mr. Sunil Shah, learned advocate for the respondent-original claimant and have perused the original record and proceedings.

4. Considering the facts involved in the present case and on perusal of the record and proceedings as well as considering the fact that the original claimant was aged about 18 years on the date of the accident, there was no proof of income produced before the learned Tribunal and therefore, the amount awarded by the learned Tribunal is just and proper and therefore, there is no reason to interfere with the impugned judgment and award passed by the learned Tribunal. The accident took place on 5.5.1996

C/FA/2030/2007 JUDGMENT DATED: 02/02/2022

and considering the fact that more than 23 years have passed and considering the ratio laid down by the judgments of the Hon'ble Apex Court in the cases of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, Sarla Verma Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130, United India Insurance Company Limited Vs. Satinder Kaur @ Satwinder Kaur, reported in AIR 2020 SC 3076, the impugned judgment and award is in consonance with the ratio laid down by the Hon'ble Apex Court and therefore, no interference is called for. Hence, we pass the following order:-

5. The present appeal is hereby dismissed. The impugned judgment and award passed by the learned Tribunal is hereby confirmed on the ground that the impugned award passed by the learned Tribunal is just and adequate. However, there shall be no order as to costs. Registry is directed to remit the record and proceedings back to the Tribunal forthwith.

(R.M.CHHAYA,J)

(HEMANT M. PRACHCHHAK,J) Maulik