Gujarat High Court
National Insurance Co Ltd vs Arifsha Satarsha Shahmadar on 18 January, 2022
Bench: R.M.Chhaya
C/FA/1969/2012 JUDGMENT DATED: 18/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1969 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE R.M.CHHAYA
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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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NATIONAL INSURANCE CO LTD
Versus
ARIFSHA SATARSHA SHAHMADAR & 1 other(s)
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
Date : 18/01/2022
ORAL JUDGMENT
1. Feeling aggrieved and dissatisfied by the
judgment and award dated 08.02.2012 passed by the
Motor Accident Claims Tribunal (Aux), Jamnagar in
MACP No. 550 of 2004, the insurance company has
preferred this appeal.
C/FA/1969/2012 JUDGMENT DATED: 18/01/2022
2. Heard Mr. H.G. Mazmudar, learned advocate for
the appellant. Though served, no one appears for the
other respondents.
3. As such, by the impugned judgment and award, the
Tribunal has granted just and adequate compensation
of Rs. 91,280/- to the claimant who was injured in
the accident, which took place on 01.10.2004 while
the original claimant was travelling in Chakda
rickshaw bearing registration no. GJ-10-V-3774 . The
Tribunal having considered the oral as well as
documentary evidence such as FIR at exhibit 38,
panchnama of the scene of occurrence at exhibit 39,
charge-sheet at exhibit 40, insurance policy at
exhibit 44, medical papers at exhibits 45 and 48,
disability certificate at exhibit 49, and injury
certificate at exhibit 47, has considered the income
of the original claimant who was 18 years old at
Rs.2,000/- p.m. and considering 17% permanent partial
disability of the body as a whole, has awarded has
awarded a sum of Rs.65,280/- by applying multiplier
of 16. Additionally, the Tribunal awarded a sum of
Rs.6,000/- as actual loss of income for 3 months,
Rs.10,000/- as pain, shock and suffering and Rs.
10,000/- under the head of attendants, transportation
and special Diet and thus, awarded a sum of Rs.
91,280/-.
4. Considering the smallness of amount, keeping the
question of law open as far as the contention raised
by the appellant insurance company and the type of
policy, the appeal is not entertained only on the
C/FA/1969/2012 JUDGMENT DATED: 18/01/2022
ground of smallness of amount and considering the
fact that the accident is of the year 2004 and the
appeal is pending since 2012, the appeal is not
entertained on merits in peculiar facts and
circumstances. It would be open for the appellant to
pay first and recover from the owner of the rickshaw.
No other modification is made in the impugned
judgment and award. The appeal is disposed of
accordingly. However, there shall be no order as to
costs.
(R.M.CHHAYA,J)
BIJOY B. PILLAI
