Gujarat High Court
Oriental Insurance Co. Ltd vs Kanubhai Kesavbhai Patel on 17 January, 2022
Bench: Hemant M. Prachchhak
C/FA/5077/2008 JUDGMENT DATED: 17/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5077 of 2008
FOR APPROVAL AND SIGNATURE:
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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ORIENTAL INSURANCE CO. LTD
Versus
KANUBHAI KESAVBHAI PATEL & 3 other(s)
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
for the Defendant(s) No. 4
MR YV VAGHELA(2450) for the Defendant(s) No. 1,2
RULE SERVED(64) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 17/01/2022
ORAL JUDGMENT
C/FA/5077/2008 JUDGMENT DATED: 17/01/2022
1. Feeling aggrieved and dissatisfied with the impugned
judgment and award passed by the learned Presiding Officer,
Fast Track Court No.2, Ahmedabad (Rural) at Mirzapur,
Ahmedabad (hereinafter referred to as "the Tribunal") in Motor
Accident Claims Petition No. 1754 of 1995, by which, the learned
Tribunal has held and directed the original opponents no.1 and 2
to pay the compensation to the original claimants, the appellant -
original opponent no.2 has preferred present First Appeal.
2. Brief facts of the present case are that on 09.08.1995, the
deceased Manish - son of the claimants was travelling in fiat car
bearing Registration No.GAE-3769 from Gandhinagar along with
other friends. The driver was driving the said vehicle in moderate
speed and on correct side of the road by observing traffic rules
and regulation and when the said vehicle was passing near
Charodi Village Patiya on Sarkhej Highway, at that time,
opponent no.1 came driving truck bearing Registration No.GJ-2-T-
6442 in rash and negligent manner with full speed dashed with
the fiat car, as a result of which, the deceased - Manish
sustained serious injury and succumbed to the injury. Hence, the
claimants have filed the above-mentioned claim petition before
C/FA/5077/2008 JUDGMENT DATED: 17/01/2022
the Tribunal which came to be partly allowed and awarded
compensation of Rs.5,45,000/- along with interest at the rate of
9%.
3. Heard Mr.Maulik Shelat, learned counsel appearing for the
appellant - Insurance Company and Mr.Y. V. Waghela, learned
counsel appearing for respondents - original claimants through
video conference. Though served, nobody appears on behalf of
rest of the respondents.
4. It is the contention of Mr.Shelat, learned counsel appearing
for the appellant - Insurance Company that the appeal is filed
mainly on the ground of quantum. He has submitted that while
considering the amount of compensation by the Tribunal, the
deceased was aged about 18 years and studying in engineering
college. He has submitted that the Tribunal has erred in
calculating the prospective income of deceased, that too, in
absence of evidence of earning and also erred in applying 17
multiplier considering the age of the deceased instead of
parents. He has submitted that the Tribunal ought to have
applied 10 multiplier as dependent was aged about 47 years at
the time of accident as admitted by father in his cross-
C/FA/5077/2008 JUDGMENT DATED: 17/01/2022
examination. He has submitted that the appeal may be allowed
and the amount of compensation may be reduced.
5. Per contra, Mr.Waghela, learned counsel appearing for the
respondents - claimants has supported the impugned judgment
and award and submitted that the Tribunal has not committed
any error in awarding the compensation. He has prayed to
dismiss the appeal.
6. This Court has perused the materials placed on record and
the impugned award of the Tribunal and also considered the
submissions canvassed by the learned counsel for both the sides.
The Court finds that the amount of compensation which is
calculated by the Tribunal is just and proper and, therefore, there
is no need to interfere with the same. It appears that the
Tribunal has, while awarding compensation, calculated the
interest at the rate of 9% which is on higher side and, therefore,
it should be calculated at the rate of 7.5% simple interest from
the date of application till realization of the award.
7. Considering the ratio laid down by the Hon'ble Apex Court
C/FA/5077/2008 JUDGMENT DATED: 17/01/2022
in the case of Sarla Verma and others Vs. Delhi Transport
Corporation and another, (2009) 6 SCC 1211, National
Insurance Company Limited Vs. Pranay Sethi and others,
(2017) 16 SCC 680 and United India Insurance Company
Limited Vs. Satinder Kaur alias Satwinder Kaur and
others, AIR 2020 SC 620, the appeal requires to be partly
allowed. Hence, the appeal succeeds to the extent that the
amount of compensation awarded by the Tribunal is unaltered
and remained unchanged, however, the rate of interest awarded
by the Tribunal is hereby reduced from 9% to 7.5% from the date
of application till realization.
8. For the foregoing reasons, I proceed to pass the following
order.
(i) Appeal is allowed in part to the extent that the amount of
compensation awarded by the Tribunal is unaltered and
remained the same, however, the interest awarded by the
Tribunal at the rate of 9% is hereby reduced to 7.5% from
the date of application till realization of the award.
C/FA/5077/2008 JUDGMENT DATED: 17/01/2022
(ii) The Tribunal is hereby directed to calculate the said
amount at the rate of 7.5% simple interest from the date
of application till realization of the award and, therefore,
the difference of the amount in the interest part is to be
refunded to the Insurance Company, appellant herein
within four weeks from the date of receipt of certified copy
of this order and rest of the amount is to be disbursed in
favour of the claimants after proper verification.
(iii) The apportionment and order for disbursement as made
by the Tribunal in paragraph no.14 of the operative
portion of the order shall hold good.
(iv) Decree be drawn accordingly.
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)
V.R. PANCHAL
