Gujarat High Court
Padminiben Trikamlal Shah vs Transport Manager, Gujarat State ... on 6 January, 2023
Bench: Hemant M. Prachchhak
C/FA/3739/2018 JUDGMENT DATED: 06/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3739 of 2018
With
R/FIRST APPEAL NO. 3741 of 2018
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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PADMINIBEN TRIKAMLAL SHAH
Versus
TRANSPORT MANAGER, GUJARAT STATE ROAD TRANSPORT
CORPORATION
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Appearance:
MR SANDIP C SHAH(792) for the Appellant(s) No. 1
MR CHINTAN SHUKLA WITH MRS VASAVDATTA BHATT(193) for the
Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 06/01/2023
COMMON ORAL JUDGMENT
1. Since both the First Appeals are arising from the common
vehicular accident and and a common judgment and award,
C/FA/3739/2018 JUDGMENT DATED: 06/01/2023
they are being heard analogously and are being decided by
this common judgment.
2. The First Appeal No.3739 of 2018 is filed by the appellant
- original claimant - Padminiben Trikamlal Shah seeking
enhancement of the compensation amount awarded by the
Motor Accident Claims Tribunal (Auxi.) at Ahmedabad
(hereinafter referred to as "the Tribunal") vide impugned
judgment and award dated 30.04.2018 passed in M.A.C.P.
No.563 of 2011, whereby the Tribunal has partly allowed the
claim petition and awarded a sum of Rs.39,300/-.
Whereas, the First Appeal No.3741 of 2018 is filed by the
appellant - original claimant - Chiragbhai Trikamlal Shah
seeking enhancement of the compensation amount awarded
by the Motor Accident Claims Tribunal (Auxi.) at Ahmedabad
(hereinafter referred to as "the Tribunal") vide impugned
judgment and award dated 30.04.2018 passed in M.A.C.P.
No.564 of 2011, whereby the Tribunal has partly allowed the
claim petition and awarded a sum of Rs.62,200/-.
3. Brief facts of the present case are that, on 17.05.2011, at
C/FA/3739/2018 JUDGMENT DATED: 06/01/2023
about 6.00 p.m., both the appellants sat in S.T. Bus bearing
registration No.GJ-18-Y-3353 for coming home. At about 10.30
p.m. when the said bus was passing from Bavla to Sarkhej
Road, at that time, due to rash, careless and negligent driving
of the bus, the bus rammed into a dumper going ahead of the
bus and therefore, the accident in question occurred. In ths
said accident, both the appellants and other passengers
travelling in the bus sustained injuries. Hence, the appellants
of both the First Appeals have filed M.A.C.P. Nos.563 and 564
of 2011 respectively before the Tribunal. The Tribunal, after
evaluating the pleadings and evidence tendered by the parties,
partly allowed the claim petitions and awarded a sum of
Rs.39,300/- and Rs.62,200/- respectively under different heads
as against the claim of Rs.3,00,000/-.
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, these appeals have been filed.
5. Heard Mr.Sandip C. Shah, the learned counsel appearing
for the appellant in both the First Appeals and Mrs.Vasavdatta
Bhatt, the learned counsel assisted by Mr.Chintan Shukla, the
C/FA/3739/2018 JUDGMENT DATED: 06/01/2023
learned counsel appearing for the respondent - Gujarat State
Road Transport Corporation.
6. Mr.Shah, 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 injured who sustained bodily
injuries in the vehicular accident while determining the
quantum. He further submitted that the Tribunal has
committed an error by not properly appreciating the evidence
which is submitted before the Tribunal. He also submitted that
Tribunal has not awarded just and adequate compensation and
erred in not considering the nature of injuries, extent and
duration of treatment, the consequential disability and its
eftereffects on the earning capacity of the appellant. He
further submitted that the Tribunal has erred in computing
damages towards future loss of income. He further submitted
that the Tribunal has also erred in assessing the income of the
appellant and adverse effects on the potential earning capacity
due to physical injuries sustained in the accident. He further
submitted that at the time of accident, the lower court has
failed to consider prospective income and adverse effect on
C/FA/3739/2018 JUDGMENT DATED: 06/01/2023
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.
7. As against that Mrs.Bhatt, the learned counsel appearing
for respondent - S.T. Corporation has supported the impugned
judgment and award passed by the Tribunal and submitted
that the Tribunal has not committed any error while passing
the impugned award and, therefore, no interference is called
for. She also submitted that the Tribunal has rightly
appreciated the evidence on record and awarded the amount,
and hence, the present appeal may be dismissed.
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 is true that at the time of accident,
the appellants were 40 years and 39 years respectively and
sustained serious injuries. I have also gone through the
documentary evidence and the contentions raised in the memo
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of appeal and the arguments advanced by the appellant of
both the appeals, and therefore, considering all these aspects,
both the appeals deserve to be allowed in part and the
impugned judgment and award passed by the Tribunal is
required to be modified to the extent.
9. 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
proceedings, both the appeals are required 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 in both the appeals under the
following heads as under :-
C/FA/3739/2018 JUDGMENT DATED: 06/01/2023
9.1 First Appeal No.3739 of 2018 :
Particulars Amount
Future Loss of Income Rs.1,08,000/-
(Rs.12,000/- x 5% = Rs.600/- pm x 12 x 15)
Pain, shock and suffering Rs.5,000/-
Medical expenses Rs.1,300/-
Actual Loss of income Rs.3,000/-
Special diet, transportation and attendant Rs.3,000/-
charges
Total Rs.1,20,300/-
Compensation awarded (-)Rs.39,300/-
Amount to be enhanced Rs.81,000/-
(rounded off to
Rs.75,000/-)
Accordingly a sum of Rs.75,000/- 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.39,300/- awarded by the
Tribunal. However, the appellant is entitled to the enhanced
amount of compensation of Rs.75,000/- along with interest at
the rate of 6% from the date of application till realization of the
amount.
9.2 First Appeal No.3741 of 2018 :
Particulars Amount
Future Loss of Income Rs.2,16,000/-
C/FA/3739/2018 JUDGMENT DATED: 06/01/2023
(Rs.15,000/- x 8% = Rs.1200/- pm x 12 x
15)
Pain, shock and suffering Rs.10,000/-
Actual Loss of income Rs.6,000/-
Special diet, transportation and attendant Rs.3,000/-
charges
Total Rs.2,35,000/-
Compensation awarded (-)Rs.62,200/-
Amount to be enhanced Rs.1,72,800/-
(rounded off to
Rs.1,70,000/-)
Accordingly a sum of Rs.1,70,000/- 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.62,200/- awarded by the
Tribunal. However, the appellants are entitled to the enhanced
amount of compensation of Rs.1,70,000/- 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) Both the Appeals are allowed in part.
(ii) Judgment and award dated 30.04.2018 passed by the
C/FA/3739/2018 JUDGMENT DATED: 06/01/2023
Motor Accident Claims Tribunal (Auxi.) at Ahmedabad in
M.A.C.P. Nos.563 and 564 of 2011 is hereby modified and
in addition to what has been awarded by the Tribunal, a
sum of Rs.75,000/- (in First Appeal No.3739/2018)
and Rs.1,70,000/- (in First Appeal No.3741/2018) as
additional amount with interest at the rate of 6% per
annum are awarded, which shall be from the date of filing
claim petition till date of its realization.
(iii) The S.T. Corporation 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 the operative 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 claimants through RTGS, after proper verification.
C/FA/3739/2018 JUDGMENT DATED: 06/01/2023
The bank account details shall be furnished by the
learned advocate for the claimants to the Nazir
Department of the Court concerned.
(vi) The appellants are 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.
11. 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
