Gujarat High Court
National Insurance Co. Ltd vs Ayubkhan Nasirkhan Pathan on 17 January, 2022
Bench: Hemant M. Prachchhak
C/FA/438/2007 JUDGMENT DATED: 17/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 438 of 2007
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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NATIONAL INSURANCE CO. LTD.
Versus
AYUBKHAN NASIRKHAN PATHAN & 2 other(s)
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
ARCHANABEN B GOSWAMI(8154) for the Defendant(s) No. 1,2
MR MAHENDRA U VORA(3034) for the Defendant(s) No. 1,2
RULE UNSERVED(68) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 17/01/2022
ORAL JUDGMENT
1. The present appeal is filed by the Insurance Company
against the judgment and award passed by the Motor Accident
Claims Tribunal, Ahmedabad (Rural) in MACP No. 1334 of 2001
dated 29.07.2006, whereby the Tribunal has awarded the
compensation in favour of the claimant of MACP No. 1334 of
C/FA/438/2007 JUDGMENT DATED: 17/01/2022
2001.
2. The brief facts of the present case are as under.
2.1 On 17.09.2001 the original claimant and his minor son
was standing near the bus stand of Village-Chandna, at that
time a Jeep bearing registration No. GJ-17-A-7951 came with
rash and negligent manner lost the control and dashed the
minor son of the original claimant. In the said accident, his
minor son was expired on the spot.
3. Mr. Sunil Parikh, learned advocate for the appellant -
Insurance Company has submitted that the present appeal is
filed mainly on the ground of income and quantum considered
by the Tribunal. It is submitted that the Tribunal is contrary to
the provisions of law and against the evidence on record. It is
also submitted that at the time of the accident, the deceased
was eight years old and no evidence is produced on record
regarding his education, family background, occupation of the
claimants. It is submitted that the present appeal may be
allowed.
4. I have heard learned advocates for the respective parties
through the Video Conference.
5. Having considered the material on record and the
submissions made by the learned advocate for the appellant
and also considering the recent judgment of the Hon'ble Apex
Court in the case of Sarla Verma and others Vs. Delhi
Transport Corporation and another, (2009) 6 SCC 1211
C/FA/438/2007 JUDGMENT DATED: 17/01/2022
and National Insurance Company Limited Vs. Pranay
Sethi and others, (2017) 16 SCC 680, this Court finds that
to award just compensation, the factors to be taken into
consideration that if the deceased is minor and non earning,
then also notional income can be considered. Therefore, the
impugned judgment and award passed by the Motor Accident
Claims Tribunal, Ahmedabad (Rural) in MACP No. 1334 of 2001
dated 29.07.2006 is just and proper and therefore, no reason
to interfere in the present appeal.
6. In view of above, the following order is passed.
6.1 The present appeal is hereby dismissed.
6.2 The impugned judgment and award passed by the Motor
Accident Claims Tribunal, Ahmedabad (Rural) in MACP No.
1334 of 2001 dated 29.07.2006 is confirmed.
6.3 The awarded amount is to be disbursed in favour of the
original claimants by way of issuing account pay cheque.
Record and Proceedings be sent back, if already received,
to the concerned Tribunal forthwith.
(HEMANT M. PRACHCHHAK,J)
SALIM/
