Gujarat High Court
United India Insurance Company ... vs Sheikh Nasirbhai Baksubhai on 27 July, 2022
Bench: A.J.Desai
C/FA/179/2022 ORDER DATED: 27/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 179 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
In R/FIRST APPEAL NO. 179 of 2022
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UNITED INDIA INSURANCE COMPANY LIMITED
Versus
SHEIKH NASIRBHAI BAKSUBHAI
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
MR SP HASURKAR(345) for the Defendant(s) No. 3.1,3.2,3.3
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 27/07/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
[1.0] Admit. Learned advocate Mr. S.P. Hasurkar waives service
of notice of Admission on behalf of the respondent Nos.3.1, 3.2
and 3.3 - original claimants. With the consent of learned
advocates appearing for the respective parties and in view of the
fact that Record & Proceedings of the case have been received
from the learned Motor Accident Claims Tribunal (Auxi.-2), Kalol
[hereinafter referred to as "learned Tribunal"] in compliance of
the order dated 19.01.2022 passed by the coordinate Bench of
this Court, present First Appeal is taken up for final disposal
today.
[2.0] Short facts emerging from the record of the case are as
follows:
[2.1] That, on 31.07.2009, the original claimant - Anilkumar
C/FA/179/2022 ORDER DATED: 27/07/2022
Munnilal Gupta aged about 45 years, who was working as
Assistant Manager with Torrent Pharmaceuticals Company
Limited was traveling on his Scooter bearing registration No.GJ-
18-AD-3661 alongwith his son and were going to pay the college
fees of his son who was pursuing his studies in Information
Technology Engineering, Semester-1 at Grow More Educational
Institute, Himatnagar. That, on the date, time and place of
accident, Matador bearing registration No.GJ-1-AD-2069 came
from opposite direction on wrong side in rash and negligent
manner and dashed with the scooter of the original claimant
pursuant to which the original claimant sustained various injuries
for which he was admitted in the hospital and was operated.
[2.2] That, the original claimant filed the claim petition being
Motor Accident Claim Petition No.142/2012 before the learned
Tribunal seeking compensation of Rs.25,00,000/-. The original
claimant produced several documents including his salary slip etc.
in support of his claim including and examined himself.
[2.3] That, the respondents i.e. the driver, owner and the
insurance company of the Matador filed their written statement,
however did not examine any witness in support of the written
statement.
[2.4] The learned Tribunal after considering the salary and the
permanent disability of 20% body as a whole sustained by the
original claimant, awarded Rs.16,01,700/- with 9% interest per
annum from the date of filing of claim petition till the realization
of awarded amount.
Hence, the present First Appeal.
C/FA/179/2022 ORDER DATED: 27/07/2022
[3.0] Pending the present First Appeal, the original claimant i.e.
respondent No.3 expired and therefore, legal heirs and
representatives of the original claimant were brought on record
of the present First Appeal vide the order dated 21.12.2021
passed by the coordinate Bench of this Court.
[4.0] Learned advocate Mr. Vibhuti Nanavati appearing for the
appellant would submit that the record of the case suggests that
the original claimant has not suffered any economic loss and
therefore, the amount of compensation awarded by the learned
Tribunal under the said head was wrongly awarded and
therefore, the impugned judgment and award passed by the
learned Tribunal is required to be quashed and set aside.
[5.0] On the other hand, learned advocate Mr. S.P. Hasurkar
appearing for the respondent Nos.3.1 to 3.3 has supported the
judgment delivered by the learned Tribunal. He would submit
that as far as economic loss is concerned, the original claimant
was not cross-examined at all by the respondents and therefore,
the present First Appeal is requested to be dismissed.
[6.0] We have heard the learned advocates appearing for the
respective parties. Perused the Record & Proceedings of the case
and the reasons assigned by the learned Tribunal for granting
compensation towards future economic loss.
[6.1] It is an undisputed fact that the age of the original claimant
at the time of accident was 45 years. The learned Tribunal has
considered the pay slip of the original claimant for the month of
July, 2009 i.e. the year in which the accident had taken place and
after deducting income tax etc., the learned Tribunal came to the
C/FA/179/2022 ORDER DATED: 27/07/2022
conclusion that the injured - original claimant was drawing
monthly salary of Rs.37,758/- and therefore, relying upon the
decision of the Hon'ble Apex Court in the case of Sarla Verma
and ors. vs. Delhi Transport Corporation and Anr.
reported in (2009) 6 SCC 121 awarded Rs.11,15,712/-.
[6.2] Having gone through the Record & Proceedings of the case
more particularly the salary slip (Exh.35) and having considered
the cross-examination of the original claimant, we do not find a
single question that was put by the insurance company to the
original claimant as regards increase in the salary or having
suffered any economic loss pursuant to the permanent disability.
In absence of same, we agree with the impugned judgment
delivered by the learned Tribunal and do not find any reason to
interfere with the judgment delivered by the learned Tribunal.
[7.0] Hence, present First Appeal being devoid of any merits, is
dismissed.
[8.0] In view of dismissal of First Appeal, Civil Application (For
Stay) also stands dismissed.
Registry is directed to send back the Record & Proceedings
to the learned Tribunal forthwith.
(A.J. DESAI, J.)
(MAUNA M. BHATT, J.)
Ajay
