Mumtazben Wd/O. Hanifbhai ... vs Driver Of Car No. Gj-1Hb-8128 ...
2022 Latest Caselaw 9064 Guj

     C/FA/2072/2007                               JUDGMENT DATED: 13/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2072 of 2007


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK                            Sd/-

==========================================================

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 copy                   No
     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 ?

==========================================================
 MUMTAZBEN WD/O. HANIFBHAI BHIKHABHAI MANSURI & 1 other(s)
                            Versus
DRIVER OF CAR NO. GJ-1HB-8128 GULAM MOHUDDIN NAZIR AHMED &
                          2 other(s)
==========================================================
Appearance:
MR MITESH R AMIN(2876) for the Appellant(s) No. 1,2
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 3
MR R.K.MANSURI(3205) for the Defendant(s) No. 1,2
==========================================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                              Date : 13/10/2022

                             ORAL JUDGMENT

1. Present appeal is filed by the original claimants for

enhancement of the compensation amount awarded by

C/FA/2072/2007 JUDGMENT DATED: 13/10/2022

the learned Tribunal.

2. Feeling aggrieved and dissatisfied with the

impugned judgment and award dated 17.7.2006 passed

by the learned Motor Accident Claims Tribunal (Aux)

Sabarkantha at Himmatnagar in Motor Accident Claims

Petition No.395 of 2005, whereby the Tribunal has partly

allowed the claim petition and awarded Rs.1,92,261/-

towards compensation to the original claimants

3. The short facts giving rise to present appeal reads as

under:-

3.1 On 22.1.2005, deceased-Hanifbhai and his minor son

Mohsin were coming back to their native village

Netramali from Idar on their Motorcycle bearing

Registration No. GJ-15-E-6703. When they reached near

Krishnagar Patiya on the Idar Himmatnagar highway, at

that time, at about 3.30 p.m., a Santro Car, bearing

registration No.GJ-1HB-8128, driven by opponent No.1 in

rash and negligent manner, coming from Himmatnagar

C/FA/2072/2007 JUDGMENT DATED: 13/10/2022

side, dashed with Motorcycle and accident took place

whereby both the deceased sustained crucial injuries.

Immediately they were brought to the Civil Hospital, Idar

and subsequently to Himmatnagar Civil Hospital and for

further treatment they were again shifted to Rajasthan

Hospitals, Ahmedabad where after undergoing various

surgeries, both the deceased succumbed to injuries.

3.2 The legal heirs of the deceased filed claim petition

before the Motor Accident Claims Tribunal (Aux)

Sabarkantha at Himmatnagar being Motor Accident

Claims Petition No.395 of 2005, whereby the Tribunal has

partly allowed the claim petition and awarded

compensation to the tune of Rs. Rs.1,92,261/-. Hence, this

appeal.

4. I have heard Mr. Kshitij Amin, learned advocate for the

appellants, Mr. Dakshesh Mehta, learned Counsel for the

respondent No.3 and Mr. R.K. Mansuri, learned Counsel

for the respondent Nos.1 and 2.

5. Learned advocate for the appellants has submitted that

C/FA/2072/2007 JUDGMENT DATED: 13/10/2022

the learned Tribunal has not properly appreciated the facts

of the case and thereby, the learned Tribunal has committed

an error while determining the amount of compensation. He

further submitted that the learned Tribunal has committed

error in considering the evidence of the appellants. He

further contended that the impugned judgment and award

is required to be quashed and set aside.

6. On the other hand, learned advocates for the

respondents submitted that the learned Tribunal has

taken into account all relevant aspects and after

evaluating the evidence on record, passed the impugned

award and therefore, learned Tribunal has not committed

any error in passing the impugned judgment and award.

He submitted that the impugned judgment and award

may not be interfered with and present appeal may be

dismissed.

7. The controversy involved in present appeal is that

whether the learned Tribunal has awarded just and

adequate compensation as per the decision of the Hon'ble

C/FA/2072/2007 JUDGMENT DATED: 13/10/2022

Apex Court in case of Sarla Verma and others Vs.

Delhi Transport Corporation and another, (2009) 6

SCC 121 and National Insurance Company Limited

Vs. Pranay Sethi and others, (2017) 16 SCC 680 or

not?

8. I have perused the record and proceedings and the

original case papers of the concerned Tribunal along with

documentary evidence which is considered by the learned

Tribunal.

9. Looking to the amount awarded in favour of the

claimants by the learned Tribunal and in view of the facts

and circumstances of the case and the ratio laid down by

the Hon'ble Apex Court in Sarla Verma (supra) and

Pranay Sethi (supra), this Court is of the view that the

learned Tribunal has awarded just and adequate

compensation. Therefore, in my opinion, there is no need

to disturb the judgment and award passed by the learned

Tribunal. The Trial Court has rightly awarded the amount

of compensation in favour of the claimants.

C/FA/2072/2007 JUDGMENT DATED: 13/10/2022

10. Therefore, the present appeal is hereby dismissed and

the there is no need to interfere with the impugned

judgment and award dated 17.7.2006 passed by the

learned Motor Accident Claims Tribunal (Aux)

Sabarkantha at Himmatnagar in Motor Accident Claims

Petition No.395 of 2005.

11. The present appeal stands disposed of accordingly.

No order as to costs.

12. Record and proceedings be sent back to the

concerned Tribunal forthwith.

Sd/-

(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI