Gujarat High Court
Minor Diya Vipulbhai Shyara vs Imranbhai Ikbalbhai Parekh on 3 March, 2023
Bench: Gita Gopi
C/FA/4241/2022 JUDGMENT DATED: 03/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4241 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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MINOR DIYA VIPULBHAI SHYARA
Versus
IMRANBHAI IKBALBHAI PAREKH
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1
RULE UNSERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 03/03/2023
ORAL JUDGMENT
1. Challenge is given to the judgment and award
dated 23.5.2022 passed by the MACT (Aux),
C/FA/4241/2022 JUDGMENT DATED: 03/03/2023
Gondal, Rajkot in MACP no.07/18 filed by the
minor through the mother stating that the
minor sustained 12% physical disability and
the learned Tribunal was required to follow
the judgment in the case of Master
Mallikarjun Vs. Divisional Manager, The
National Insurance Company Limited & Anr.,
reported in AIR 2014 SC 736, which lays down
the slabs for the compensation to the
disability sustained by the child who is a
non-earning member.
2. While learned advocate Mr. R.P. Raval for
the respondent no.3-insurance Company states
that the learned Tribunal has considered the
disability factor and notional income was
assessed at Rs.3,000/- per month for the
child and under various heads, the
compensation has been granted, which the
Advocate states is just and reasonable.
C/FA/4241/2022 JUDGMENT DATED: 03/03/2023
3. The case of the applicant is that on
2.11.2017 at about 5.30 p.m, the minor,
after stepping out of a bus at the bus
stand, was crossing the road to go to her
village, at that time, the driver of bus
bearing registration no.GJ-14 V-9592 came
driving the vehicle in rash and negligent
manner at an excessive speed and dashed with
the minor from the back side. Thus, she
sustained grievous fracture injuries. She
was taken to Krishna Multi Specialist
Hospital, Gondal for medical treatment.
4. The learned Tribunal has considered 12%
disability of the body as a whole as agreed
between the parties.
5. In the case of Master Mallikarjun Vs.
Divisional Manager, The National Insurance
Company Limited & Anr., reported in AIR 2014
SC 736, the Hon'ble Apex Court has observed
in Paragraph 12 as under:-
C/FA/4241/2022 JUDGMENT DATED: 03/03/2023
"Though it is difficult to have an
accurate assessment of the
compensation in the case of
children suffering disability on
account of a motor vehicle
accident, having regard to the
relevant factors, precedents and
the approach of various High
Courts, we are of the view that the
appropriate compensation on all
other heads in addition to the
actual expenditure for treatment,
attendant, etc., should be, if the
disability is above 10% and upto
30% to the whole body, Rs.3 lakhs;
upto 60%, Rs.4 lakhs; upto 90%,
Rs.5 lakhs and above 90%, it should
be Rs.6 lakhs. For permanent
disability upto 10%, it should be
Re.1 lakh, unless there are
exceptional circumstances to take
different yardstick."
6. Here in this case, the physical disability
has been considered as 12% of the minor.
Thus, as per the slab laid down by the
Hon'ble Apex Court, the claimant is entitled
for amount of Rs.3,00,000/- as compensation
in accordance to the observations in the
case of Master Mallikarjun (supra). The
medical expenses of Rs.47,152/- are produced
C/FA/4241/2022 JUDGMENT DATED: 03/03/2023
at Exh.34.
7. Thus, in total, the claimant is entitled for
compensation of Rs.3,47,152/-. As the
Tribunal has granted an amount of
Rs.1,37,000/-, the claimant would be
entitled to enhanced amount of compensation
of Rs.2,10,152/- with interest at the rate
of 7.5% per annum from the date of filing of
the claim petition till its realization. The
insurance Company is directed to deposit
Rs.2,10,152/- with interest at the rate of
7.5% per annum within eight weeks from the
date of receipt of writ of this Court. The
impugned judgment and award be modified
accordingly. The appeal is partly allowed.
Registry is directed to send the record and
proceedings back to the Tribunal, if
received.
(GITA GOPI,J)
Maulik
