Gujarat High Court
Mumtazben Wd/O. Hanifbhai ... vs Driver Of Car No. Gj-1Hb-8128 ... on 13 October, 2022
Bench: Hemant M. Prachchhak
C/FA/2071/2007 JUDGMENT DATED: 13/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2071 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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1 Whether Reporters of Local Papers may be allowed Yes
to see the judgment ?
2 To be referred to the Reporter or not ? Yes
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 ?
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MUMTAZBEN WD/O. HANIFBHAI BHIKHABHAI MANSURI & 1 other(s)
Versus
DRIVER OF CAR NO. GJ-1HB-8128 GULAM MOHUDDIN NAZIR AHMED &
2 other(s)
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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
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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
the learned Tribunal.
C/FA/2071/2007 JUDGMENT DATED: 13/10/2022
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.394 of 2005, whereby the Tribunal has partly
allowed the claim petition and awarded Rs.10,08,851/-
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
side, dashed with Motorcycle and accident took place
whereby both the deceased sustained crucial injuries.
C/FA/2071/2007 JUDGMENT DATED: 13/10/2022
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.394 of 2005, whereby the Tribunal has
partly allowed the claim petition and awarded
compensation to the tune of Rs. 10,08,851/-. 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
the learned Tribunal has not properly appreciated the facts
of the case and thereby, the learned Tribunal has committed
C/FA/2071/2007 JUDGMENT DATED: 13/10/2022
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
Apex Court in case of Sarla Verma and others Vs.
Delhi Transport Corporation and another, (2009) 6
C/FA/2071/2007 JUDGMENT DATED: 13/10/2022
SCC 121 and National Insurance Company Limited
Vs. Pranay Sethi and others, (2017) 16 SCC 680 and
whether the appellants are entitled for consortium as per
the decision of the Hon'ble Apex Court in case of Magma
General Insurance Company Limited Vs. Nanu Ram
alias Chuhru Ram and others, (2018) 18 SCC 130,
United India Insurance Company Limited Vs.
Satinder Kaur alias Satwinder Kaur and others, AIR
2020 SC 3076 and New India Assurance Co. Ltd. Vs.
Smt. Somwati and others, (2020) 9 SCC 644.
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. In view of the facts and circumstances of the case
and ratio laid down by the Hon'ble Apex Court in Sarla
Verma (supra) and Pranay Sethi (supra) it is
appropriate to grant the just and adequate compensation
to the present appellants as well as consortium to the
C/FA/2071/2007 JUDGMENT DATED: 13/10/2022
present appellants in view of the ratio laid down by the
Hon'ble Apex Court in case of Magma General
Insurance Company (supra) Satinder Kaur (supra)
and Smt. Somwati (supra).
10. Considering the settled legal position, present
appeal is required to be allowed in part and the impugned
judgment and award is required to be modified to that
extent.
11. In view of the above discussion, I am of the view that
the present appellants are entitled for the enhanced
compensation in following terms:-
Particular Amount in Rs.
Income 5,176
Months x 12
Yearly Income 62,112
Multiplier X 16
9,93,792
Future prospect + 4,96,896
14,90,688
Consortium 80,000
Loss of Estate and Funeral 30,000
Medical 43,471
16,44,159
C/FA/2071/2007 JUDGMENT DATED: 13/10/2022
Awarded by the Tribunal 10,08,851
Enhanced compensation 6,35,308
12. Hence, in view of the aforesaid discussion, the
appellants are hereby entitled to receive the enhanced
compensation to the tune of Rs.6,35,308/- with 6%
interest from the date of application till realization.
13. Therefore, the present appeal is allowed in part and
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.394 of 2005, is hereby modified to the
aforesaid extent.
14. The insurance company is hereby directed to deposit
the enhanced amount of compensation of Rs.6,35,308/-
6% interest from the date of application till the
realization of the award within period 8 weeks from the
date of receipt of certified copy of present order.
15. The appellants have to bear the Court Fees on
enhanced amount therefore, the same shall be deducted
C/FA/2071/2007 JUDGMENT DATED: 13/10/2022
from the enhanced amount of compensation deposited by
the insurance company before the Tribunal.
16. After enhanced amount is deposited by the
insurance company and necessary Court fees is deducted,
the remaining enhanced amount be disbursed in favour of
the claimants after verifying bank details of the claimants
through R.T.G.S. only.
17. The present appeal stands disposed of accordingly.
No order as to costs.
18. Record and proceedings be sent back to the
concerned Tribunal forthwith.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
