Gujarat High Court
Natubhai Alias Natversinh ... vs Manubhai N. Rohit on 31 January, 2022
Bench: Hemant M. Prachchhak
C/FA/2171/2007 JUDGMENT DATED: 31/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2171 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
================================================================
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 ?
================================================================
NATUBHAI ALIAS NATVERSINH SOMABHAI SOLANKI
Versus
MANUBHAI N. ROHIT & 2 other(s)
================================================================
Appearance:
MR MTM HAKIM(1190) for the Appellant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
NOTICE UNSERVED for the Defendant(s) No. 1
SERVED BY AFFIX(N) for the Defendant(s) No. 2
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 31/01/2022
ORAL JUDGMENT
1. This appeal is filed by the appellant - claimant seeking
enhancement of the compensation amount awarded by the
Motor Accident Claims Tribunal (Aux), Vadodara (hereinafter
C/FA/2171/2007 JUDGMENT DATED: 31/01/2022
referred to as "the Tribunal") vide impugned judgment and
award dated 31.03.2006 passed in M.A.C.P. No.633 of 2002.
2. Brief facts of the present case are that on 13.03.2002, the
original claimant was going on his motorcycle from Pratappura to
Desar Village for purchasing the materials for his business. While
the claimant was returning from Desar to Pratappura, he met
with his friend and he and his friend both were coming to
Pratappura on the motorcycle, which came to be driven by the
claimant on correct side of the road. When, they reached near
Veja Talavdi at about 15.15 hours, opponent no.1 came from
opposite direction driving the truck bearing registration No.GJ-6-
U-6827 in rash and negligent manner with an excessive speed
and lost control over the vehicle dashed with motorcycle of the
claimant, as a result of which, he sustained injury. Hence, the
appellant - original claimant has filed above-mentioned claim
petition before the Tribunal. The Tribunal, after evaluating the
pleadings and evidence tendered by the parties, partly allowed
the claim petition and awarded a sum of Rs.2,18,640/- under the
different heads as against the claim of Rs.5,00,000/-.
3. Short question involved in this appeal is that the Tribunal
C/FA/2171/2007 JUDGMENT DATED: 31/01/2022
has not properly appreciated and considered the income and
disablement of the injured while determining the amount of
compensation and, therefore, the appellant - claimant has
preferred this appeal.
4. It came to be held by the Tribunal that said amount was
ordered to be awarded to the deponents. Not being satisfied with
the compensation amount, this appeal has been filed.
5. Heard Mr.M.T.M. Haki,, learned counsel appearing for the
appellant and Mr.Ratin Raval, learned counsel appearing for the
respondent - New India Assurance Company Limited. Though
served, nobody appears on behalf of respondents no.1 and 2.
6. Mr.Hakim, learned counsel appearing for the appellant has
submitted the same facts which are narrated in the memo of
appeal. He has submitted that the Tribunal has not appreciated
and considered the income and disablement of the injured while
determining the amount of compensation. He has submitted that
the Tribunal has erred in assessing the income of the claimant at
Rs.2,000/- per month, though as per the evidence on record, the
income of the claimant is to be established more than Rs.9,000/-
per month. He has submitted that the Tribunal has awarded
C/FA/2171/2007 JUDGMENT DATED: 31/01/2022
Rs.15,000/- towards pain, shock and suffering and Rs.15,000/-
towards medicines and transportation, which is on lower side. He
has submitted that the impugned judgment and award may be
modified and substituted to the extent. He has also submitted
that the amount of compensation may be enhanced.
7. As against that, Mr.Raval, learned counsel appearing for
respondent - Insurance Company has supported the impugned
judgment and award passed by the Tribunal. He has submitted
that so far as the income of the deceased is concerned, there is
no cogent and proper proof or evidence led by the appellant
about his income and even the compensation amount awarded
by the Tribunal is just and proper and, therefore, no interference
is called for.
8. Having considered the averments made in the appeal,
submissions made by the learned counsel appearing for both the
sides and considered the facts of the case and perused the
record and proceedings, it appears that the Tribunal has
committed an error while awarding the compensation and it is
required to be modified and substituted to the extent.
9. Considering the ratio laid down by the Hon'ble Supreme
C/FA/2171/2007 JUDGMENT DATED: 31/01/2022
Court in the case of National Insurance Company Limited
Vs. Pranay Sethi and others, (2017) 16 SCC 680, Kajal Vs.
Jagdish Chand and others, (2020) 4 SCC 413 and
Jithendran Vs. New India Assurance Company Limited, AIR
2021 SC 5382, I am of the considered opinion that the
appellant is entitled to get additional amount of compensation
considering the income of the original claimant and appeal
requires to be allowed in part and the impugned judgment and
award requires to be modified and substituted by enhancing the
amount of compensation and, therefore, the compensation
amount is enhanced under the following heads:-
Future loss of income: Rs.2,81,520/-
Rs.3,000/- per month x 46% disability = Rs.1,380/-
Rs.1,380/- x 12 = Rs.16,560/- x 17 multiplier
Actual loss of income (Rs.3,000 x 6) Rs.18,000/-
Pain, shock and suffering Rs.30,000/-
Medicine, Special diet, Transportation etc. Rs.15,000/-
Total amount Rs.3,44,520/-
Less: Compensation awarded by the Tribunal Rs.2,18,640/-
Additional amount of compensation Rs.1,25,880/-
Accordingly a sum of Rs.1,25,880/- as additional
compensation requires to be awarded towards future loss of
income, which is just and reasonable compensation and the
same is awarded in addition to Rs.2,18,640/- awarded by the
C/FA/2171/2007 JUDGMENT DATED: 31/01/2022
Tribunal. However, the appellant is entitled to the additional
amount of compensation of Rs.1,25,880/- along with interest at
the rate of 6% from the date of application till realization of the
amount.
10. For the foregoing reasons, the following order is passed:-
(i) Appeal is allowed in part.
(ii) Judgment and award dated 31.03.2006 passed by the
Motor Accident Claims Tribunal (Aux.), Vadodara in
M.A.C.P. No.633 of 2002 is hereby modified and in
addition to what has been awarded by the Tribunal, a sum
of Rs.1,25,880/- as additional amount with interest at the
rate of 6% per annum is awarded which shall be from the
date of filing claim petition till date of its realization.
(iii) The Insurance Company is directed to deposit additional
amount of compensation with 6% interest as early as
possible within an outer limit of eight weeks from the date
of receipt of certified copy of this order.
(iv) The apportionment and order for disbursement as made
by the Tribunal in paragraph no.23 of the operative
C/FA/2171/2007 JUDGMENT DATED: 31/01/2022
portion of the order shall hold good for the additional
amount of compensation.
(v) After deposit of the additional amount of compensation,
the same shall be disbursed in favour of the appellant -
claimant by way of account payee cheque, after proper
verification.
(vi) The appellant is directed to pay deficit court fees on the
enhanced amount within one month from the date of
receipt of certified copy of this order, if any.
(vii) 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
