Sureshbhai Balvantbhai ... vs Gayashkumar Manilal Damor
2023 Latest Caselaw 79 Guj

     C/FA/2300/2019                                  JUDGMENT DATED: 04/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 2300 of 2019


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.Y. KOGJE                                        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 ?

================================================================
                      SURESHBHAI BALVANTBHAI PATEL(BARIA)
                                    Versus
                         GAYASHKUMAR MANILAL DAMOR
================================================================
Appearance:
MR NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MR MAULIK J SHELAT(2500) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
==========================================================

    CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                 Date : 04/01/2023

                                ORAL JUDGMENT

1. The present Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 20 th July 2018 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra, in the Motor Accident Claim Petition

C/FA/2300/2019 JUDGMENT DATED: 04/01/2023

No.940 of 2014, whereby the Tribunal was pleased to partly allow the claim petition.

2. By way of present Appeal, the appellant-original claimant is claiming modification of the impugned judgment & award passed by the Tribunal and grant of additional amount of compensation to the extent of ₹4,00,000/- under different heads4,00,000/- under different heads for the injuries sustained by him in a vehicular accident that took place on 24.7.2014. The Tribunal has awarded compensation to the tune of ₹4,00,000/- under different heads5,67,900/- under different heads considering the grievous injuries sustained by the appellant- original claimant.

3. Learned advocate for the appellant submitted that the Tribunal has committed an error in awarding the compensation amount by disregarding the evidence on record. The Tribunal has passed the order contrary to the settled principles and propositions of law.

4. Learned advocate for the Insurance Corporation opposes the appeal justifying the order of the Tribunal but has broadly agreed to consider the compensation to bring it in conformity of the various decisions of the Apex Court.

5. On 24th July 2014, the applicant and one Kamleshbhai were going on a Motorcycle bearing registration No.GJ-17-Q- 2706. The applicant was driving the motorcycle slowly, carefully

C/FA/2300/2019 JUDGMENT DATED: 04/01/2023

and on the correct side of the road. At that time, the opponent no.1 came from the opposite side of the road by driving a Jeep bearing registration No.GJ-9-BB-1481 with full speed in a rash and negligent manner and dashed with the applicant. As a result, the applicant sustained serious injuries with fracture. The applicant was admitted and primarily treated in a private Shivam Orthopedic Hospital at Godhra. Thereafter, the applicant was shifted and treated in Sunshine Global Hospital at Baroda for longer period of time. Therefore, the applicant has claimed compensation of ₹4,00,000/- under different heads20 lakh under various heads.

6. Having gone through the records and proceedings, the Court observes that the Tribunal has considered the monthly income at ₹4,00,000/- under different heads4,000/-. However, after going through the evidence in this regard and after applying the principle as per the Minimum Wages Act and the date on which the accident took place, the Court is of the view that the monthly income ought to have been assessed at ₹4,00,000/- under different heads6,000/- in place of ₹4,00,000/- under different heads4,000/-.

7. Having considered the monthly income at ₹4,00,000/- under different heads6,000/-, the Court observes that 40% increase be considered towards the prospective income and after deducting 20% towards the disability of the body and applying the multiplier of 16, the future loss of income would come to ₹4,00,000/- under different heads3,22,560/- [ ₹4,00,000/- under different heads6,000/- + 40% = ₹4,00,000/- under different heads8400 x 20% = ₹4,00,000/- under different heads1,680/- x 12 months = ₹4,00,000/- under different heads20,160/- x 16 multiplier]

C/FA/2300/2019 JUDGMENT DATED: 04/01/2023

8. The Tribunal has calculated the actual loss of income for a period of three months at the rate of ₹4,00,000/- under different heads4,000/- per month, which is also required to be modified on broad consensus as the actual loss of income as per the evidence is for a period of four months.

9. The compensation awarded under other heads need not be altered.

10. In view of the aforesaid, the compensation be calculated as under :

₹4,00,000/- under different heads3,22,560/- Future loss of income

₹4,00,000/- under different heads25,000/- Pain, Shock & Suffering

₹4,00,000/- under different heads4,00,000/- Medical Expenses

₹4,00,000/- under different heads24,000/- Actual Loss of Income

₹4,00,000/- under different heads20,000/- Special Diet, Attendant & Transportation

₹7,91,560/-7,91,560/- Sub-Total

(Less ₹7,91,560/-55,410/-) 7% Negligence

₹7,91,560/-7,36,150/- Total Compensation

11. The Tribunal has awarded ₹4,00,000/- under different heads5,67,900/- towards the compensation amount. However, this Court has considered ₹4,00,000/- under different heads7,36,150/- as the compensation amount after deducting 7% amount towards negligence. As a result of the same, the

C/FA/2300/2019 JUDGMENT DATED: 04/01/2023

claimant is now entitled to an additional compensation of ₹4,00,000/- under different heads1,68,250/- (Rupees One Lakh Sixty-Eight Thousand Two- Hundred Fifty only) with interest at the rate of 6% per annum from the date of filing of the claim petition till realization.

12. The Insurance Company is directed to deposit the additional amount of compensation of ₹4,00,000/- under different heads1,68,250/- with interest at the rate of 6% per annum from the date of claim petition till its realization, within a period of six weeks from the date of receipt of copy of this order.

13. The Tribunal shall disburse the entire awarded amount lying in the FDR and/or with the Tribunal with accrued interest thereon, if any, to the claimants by account payee cheque after proper verification and after following the due procedure.

14. While making the payment, the Tribunal shall deduct the courts fee, if not paid, in accordance with rules/laws.

15. With the aforesaid, the Appeal stands partly allowed. Records and proceedings be sent back to the concerned Tribunal forthwith.

(A.Y. KOGJE, J.) /MOINUDDIN