Gujarat High Court
Ishwarlal Bhurabhai Charan (Dalit) vs Naranbhai Dudabhai Gosiya on 1 December, 2023
NEUTRAL CITATION
C/FA/120/2014 JUDGMENT DATED: 01/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 120 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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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 ?
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ISHWARLAL BHURABHAI CHARAN (DALIT)
Versus
NARANBHAI DUDABHAI GOSIYA & 4 other(s)
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Appearance:
MR MOHSIN M HAKIM(5396) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2,4,5
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 01/12/2023
ORAL JUDGMENT
1. The present Appeal is filed by the appellant - original
claimant seeking enhancement of the compensation amount
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C/FA/120/2014 JUDGMENT DATED: 01/12/2023
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awarded by the Motor Accident Claims Tribunal (Main),
Kuchchh at Bhuj (hereinafter referred to as "the Tribunal") vide
impugned judgment and award dated 21.09.2013 passed in
M.A.C.P. No.422 of 2010, whereby the Tribunal has partly
allowed the claim petition and awarded a sum of Rs.1,81,500/-
with the proportionate cost and interest at the rate of 10% per
annum, from the date of presentation of the claim petition till
realization from the opponent Nos.1, 2 and 3. The opponent
Nos.4 and 5 were exonerated from their liability to make any
payment to the claimant.
2. Brief facts giving rise to the present appeal are that, the
appellant Ishwarlal Bhurabhai Charan, aged 32 years at the
time of accident, was serving as a driver and was earning
Rs.40,000/- p.a. The appellant was serving on a Qualis Jeep Car
bearing registration No.GJ-25-A-4343, which belonged to
respondent No.4 herein and the said vehicle was insured by
the respondent No.5 herein. The accident occurred on
12.02.2010 at about 6:00 a.m. in the morning near Chordi
village, situated at national highway No.8-B within the
jurisdiction of Gondal Police Station in Rajkot district. The
vehicle involved in the accident was motor truck bearing
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registration No.GJ-11-U-9774. It is the case of the appellant
that, he was driving Qualis jeep car and was proceeding from
Bhuj to Virpur with family members of his master. When the
vehicle reached near the scene of accident, it was driven left
side of the road carefully and in moderate speed. The
offending vehicle came from the opposite direction, came on
the wrong side and it was driven in rash and negligent manner.
As a result, it dashed against the jeep violently and the present
appellant sustained injuries in the said accident alongwith
some other occupants in the jeep. He was taken to hospital
and was treated but he had sustained permanent partial
disability. Hence, the appellant - original claimant had filed
M.A.C.P. No.422 of 2010 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.1,81,500/- under different heads as against the claim of
Rs.7,40,000/-.
3. It came to be held by the Tribunal that said amount was
ordered to be awarded to the deponent Nos.1, 2 and 3. Not
being satisfied with the compensation amount, this appeal has
been filed.
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4. Heard Mr.Mohsin M. Hakim, the learned counsel
appearing for the appellant and Mr.H.G. Mazmudar, the
learned counsel appearing for the respondent No.3 - The New
India Assurance Co. Ltd.
Though served, none has remained present on behalf of
the respondent Nos.1, 2, 4 and 5.
5. Mr.Hakim, the 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 properly appreciated the income of the appellant while
determining the quantum. He has further submitted that the
Tribunal has committed an error in considering 25% disability
sustained by the appellant body as a whole while calculating
compensation under the head of future loss of income. He has
further submitted that because of the said injury, the right leg
of the appellant has become 3 cms. short and had resulted into
50% disablement as per disability certificate Exh.-39, and
because of that his enjoyment of life is also not considered in
its true and perspective spirit by the Tribunal. He has further
submitted that at the time of accident, the appellant was 32
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years old and the lower court has failed to consider
prospective income and adverse effect on the said prospective
income and hence, the Tribunal has committed an error on all
other grounds raised in the memo of appeal and has sought
modification of the impugned judgment and award and
enhancement of the compensation awarded by the Tribunal.
He has, therefore, urged that the present appeal be allowed.
6. As against that Mr.Mazmudar, the learned counsel
appearing for respondent - Insurance Company has supported
the findings recorded by the Tribunal and submitted that the
Tribunal has not committed any error while calculating the
disability and there is no any infirmity in the amount awarded
by the Tribunal and, therefore, no interference is required to
be called for in the impugned judgment and award and the
present appeal be dismissed.
7. 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 is true that at the time of accident,
the injured was 32 years and sustained serious injuries and the
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Tribunal has considered 25% disability body as a whole relying
upon the medical certificate though the medical certificate is
not considered by the Tribunal in its true and proper spirit.
Therefore, disablement of the present appellant is required to
be considered at 35% instead of 25%. Looking to the treatment
taken by the appellant at two different hospitals, the medical
expenditure incurred by the appellant is also required to be
awarded in favour of the appellant and therefore, considering
all these aspects, the present appeal deserves to be allowed in
part and the impugned judgment and award passed by the
Tribunal is required to be modified to the extent.
8. Considering the ratio laid down by the Hon'ble Supreme
Court in the case of Sarla Verma and others Vs. Delhi
Transport Corporation and another, reported in [2009]
6 SCC 121 and in case of National Insurance Company
Limited Vs. Pranay Sethi and others, reported in [2017]
16 SCC 680, the compensation is to be awarded just and
adequate and for that the principles enumerated in the said
judgments is required to be born in mind at the time of
determining the amount of compensation. Hence, considering
all the above aspects and after going through the record and
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proceedings, the appeal requires to be allowed and the
impugned judgment and award requires to be substituted by
enhancing the amount of compensation and, therefore, the
compensation is enhanced under the following heads:-
Particulars Amount
Future Loss of Income Rs.2,38,000/-
(Rs.40,000/- x 35% disability = Rs.14,000 x
17)
Actual Loss of Income Rs.40,000/-
Pain, shock and suffering Rs.5,000/-
Medical bills Rs.15,000/-
Total Rs.2,98,000/-
Compensation awarded (-)Rs.1,81,500/-
Amount to be enhanced Rs.1,16,500/-
8.1 Accordingly a sum of Rs.1,16,500/- 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.1,81,500/- awarded by the
Tribunal. However, the appellant is entitled to the enhanced
amount of compensation of Rs.1,16,500/- along with interest
at the rate of 6% from the date of application till realization of
the amount.
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9. For the foregoing reasons, the following order is passed:-
(i) Appeal is allowed in part.
(ii) Judgment and award dated 21.09.2013 passed by the
Motor Accident Claims Tribunal (Main), Kuchchh at Bhuj in
M.A.C.P. No.422 of 2010 is hereby modified and in
addition to what has been awarded by the Tribunal, a
sum of Rs.1,16,500/- 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 respondent Nos.1, 2 and 3 are directed to
deposit additional amount of compensation, jointly and
severally, 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 the operative portion of the order
shall hold good for the additional amount of
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compensation.
(v) After deposit of the additional amount of
compensation, the same shall be disbursed in favour of
the claimant through proper procedure, after proper
verification. The bank account details shall be furnished
by the learned advocate for the claimant to the Nazir
Department of the Court concerned.
(vi) The appellant is directed to pay deficit court fees, if
any, on the enhanced amount within one month from the
date of receipt of certified copy of this order.
10. 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)
Dolly
