Gujarat High Court
Abdul Hamid Rahimbhai Malek vs Anupbhai Rupabhai Chalbhai ... on 13 January, 2022
Bench: Hemant M. Prachchhak
C/FA/1729/2006 JUDGMENT DATED: 13/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1729 of 2006
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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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 copyNo
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 ?
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ABDUL HAMID RAHIMBHAI MALEK & 5 other(s)
Versus
ANUPBHAI RUPABHAI CHALBHAI BAHIYA & 2 other(s)
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Appearance:
MR M.N. MARFATIA, ADVOCATE for
MR KASHYAP R JOSHI(2133) for the Appellant(s) No. 1,2,3,4,5,6
MR VC THOMAS(5476) for the Defendant(s) No. 3
RULE SERVED(64) for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 13/01/2022
ORAL JUDGMENT
1. The present appeal is filed by the original claimants for
enhancement of the amount of compensation awarded by the
Motor Accident Claims Tribunal (Auxi), Bharuch (Fast Track
C/FA/1729/2006 JUDGMENT DATED: 13/01/2022
Court No.9, Bharuch) dated 09.01.2006 in MACP No. 117 of
2002, whereby the Tribunal has awarded Rs. 1,00,000/-
towards the compensation of the legal heirs of the deceased.
2. The brief facts of the present case are as under.
2.1. On 20.12.2001, the deceased was going for his work
from Jambusar to near Dabha Chokdi. At that time, near Dabha
Chokdi, opposite Pritam Society main road, a truck bearing
registration No. GT-K-5303 came in a rash and negligent
manner with a full speed and without following the traffic rules
and dashed with the deceased from the back side i.e. from
Baroda to Jambusar direction and as a result of which, the
deceased was thrown out on the road and he sustained severe
injuries and he succumbed to death.
3. Learned advocate for the appellants has submitted that
the Tribunal has awarded less amount of dependency and has
not considered real loss of prospective income and
compensation under the various heads. Learned advocate for
the appellants has also relied on the judgment of the Full
Bench of this Court rendered in First Appeal No. 2720 of 2005
and submitted that the amount of compensation may kindly be
enhanced.
4. On the other hand, Mr. V.C.Thomas, learned advocate
appearing for the Insurance Company has vehemently
objected the enhancement of the appeal on the ground that
the judgment of the Tribunal is in consonance with the
provision of the law and no interference is required to be called
for.
C/FA/1729/2006 JUDGMENT DATED: 13/01/2022
5. I have heard learned advocate Mr. M.N. Marfatia for Mr.
Kashyap Joshi, learned advocate appearing for the original
claimants and Mr. V.C. Thomas, learned advocate appearing
for the Insurance Company through the Video Conference.
6. Though, the notice served upon the private respondents,
none appears on behalf of the private respondents.
7. Considering the submissions canvassed by the learned
advocates for both the parties and perused the record and
proceedings and the documentary evidence recorded by the
Tribunal, I am in view that the present appeal is required to be
allowed and the amount of compensation is required to be
substituted by further awarding Rs. 1,04,000/- in addition to
the amount which is awarded by the Tribunal.
8. In view of the above, I proceed to pass the following
order :
8.1 The present appeal is partly allowed.
8.2 The impugned award passed by the Motor Accident
Claims Tribunal (Auxi), Bharuch (Fast Track Court No.9,
Bharuch) dated 09.01.2006 in MACP No. 117 of 2002 is hereby
modified and in addition to what has been awarded by the
Tribunal, a sum of Rs. 1,04,000/ as additional amount with
interests at the rate of 7.5%. per annum is awarded which shall
be from the date of petition till date of payment or deposit
whichever is earlier.
C/FA/1729/2006 JUDGMENT DATED: 13/01/2022
8.3 The Insurance Company is directed to deposit enhanced
amount of compensation with interest at the rate of 7.5% as
early as possible within an outer limit of eight weeks from the
date of receipt of certified copy of this order.
8.4 The apportionment and order for disbursement as made
by the Tribunal in the operative portion of the order, shall hold
good for the additional amount of compensation.
8.5 Decree be drawn accordingly.
9. Registry is directed to communicate this order to the
concerned Tribunal through Fax, e-mail and /or any other
suitable electronic mode.
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)
SALIM/
