Gujarat High Court
Heirs Of Deceased Jaydipsinh ... vs Bharatsinh Prabhatsinh Jadeja on 18 January, 2022
Bench: Hemant M. Prachchhak
C/FA/4934/2010 ORDER DATED: 18/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4934 of 2010
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HEIRS OF DECEASED JAYDIPSINH GUNUBHAI JADEJA, VIMLABA
JAYDIP & 3 other(s)
Versus
BHARATSINH PRABHATSINH JADEJA & 1 other(s)
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Appearance:
MR NITIN M AMIN(126) for the Appellant(s) No. 1,2,3,4
MR VC THOMAS(5476) for the Defendant(s) No. 2
RULE SERVED(64) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 18/01/2022
ORAL ORDER
1. The present appeal is filed by the original claimants for
enhancement of the compensation awarded by the Tribunal to
the judgment and award passed by the Motor Accident Claims
Tribunal (Main), Jamnagar dated 15.09.2010 in MACP No. 245
of 2000.
2. The brief facts of the present case are as under.
2.1. On 05.01.2000, the husband of appellant No.1 was going
as pillion rider on the motorcycle bearing registration No. GJ-3-
HH - 4123, which was driven by one Devendrasinh Prabhatsinh
Jadeja. When they reached near curve of village Kharedi, the
motorcycle slipped, as a result of which, the husband of
appellant No.1 received serious injuries and succumbed to the
injuries. After seven days, the husband of appellant No.1 was
died.
C/FA/4934/2010 ORDER DATED: 18/01/2022
3. Learned advocate for the appellants has submitted that
the Tribunal has awarded the compensation on the lower side
mainly on the ground of the medical expenses, pain shock and
suffering and even consortium etc. It is submitted that the
judgement and award passed by the Tribunal is erroneous and
unjustified in awarding less compensation than what is
claimed.
4. I have heard Mr. Nitin Amin, learned advocate for the
appellants and Mr. V.C. Thomas, learned advocate for
respondent No.2 - Insurance Company through the Video
Conference. Respondent No. 1 is served, none appears on his
behalf.
5. I have perused the record and proceedings and I have
considered the submissions advanced by the learned
advocates for the respective parties, considering the recent
judgment of the Hon'ble Apex Court in the case of (i) Sarla
Verma and others Vs. Delhi Transport Corporation and another
reported in (2009) 6 SCC 1211, (ii) National Insurance
Company Limited Vs. Pranay Sethi and others reported in
(2017) 16 SCC 680, (iii) Magma General Insurance Company
Limited Vs. Nanu Ram alias Chuhru Ram and others reported
in (2018) 18 SCC 130 and (iv) United India Insurance Company
Ltd. Vs. Satinder Kaur @ Satwinder Kaur and others reported in
2020 SC 620, the present appeal requires to be allowed to the
extent that the appellants are entitled to get additional amount
of Rs. 90,000/- at the rate of 6% per annum.
6. In view of the above, I proceed to pass the following
C/FA/4934/2010 ORDER DATED: 18/01/2022
order :
6.1 The present appeal is partly allowed.
6.2 The impugned award passed by the Motor Accident
Claims Tribunal (Main), Jamnagar dated 15.09.2010 in MACP
No. 245 of 2000 is hereby modified and in addition to what has
been awarded by the Tribunal, a sum of Rs. 90,000/ as
additional amount with interests at the rate of 6%. per annum
is awarded which shall be from the date of petition till date of
payment or deposit whichever is earlier.
6.3 The Insurance Company is directed to deposit enhanced
amount of compensation with interest at the rate of 6% as
early as possible within an outer limit of eight weeks from the
date of receipt of certified copy of this order.
6.4 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.
6.5 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)
SALIM/
