Gujarat High Court
Ahmedabad Municipal Transport ... vs Sofia D/O Nassirbhai Umravkhan ... on 3 March, 2023
Bench: Gita Gopi
C/FA/575/2022 JUDGMENT DATED: 03/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 575 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/FIRST APPEAL NO. 575 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
======================================
Whether Reporters of Local Papers may be
1 NO
allowed to see the judgment ?
2 To be referred to the Reporter or not ? NO
Whether their Lordships wish to see the fair
3 NO
copy of the judgment ?
Whether this case involves a substantial
question of law as to the interpretation of the
4 NO
Constitution of India or any order made
thereunder ?
======================================
AHMEDABAD MUNICIPAL TRANSPORT SERVICE
Versus
SOFIA D/O NASSIRBHAI UMRAVKHAN GORI
======================================
Appearance:
MS. VRUNDA C SHAH(6702) for the Appellant(s) No. 1
VIRAL K VASHI(8220) for the Defendant(s) No. 1
======================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 03/03/2023
ORAL JUDGMENT
1. Admit. Learned advocate Mr. Viral Vashi waives service
C/FA/575/2022 JUDGMENT DATED: 03/03/2023
qua respondent. With the consent of the parties, the matter is
taken up for final hearing today.
2. Challenge in this appeal under Section 173 of the Motor
Vehicles Act, 1988 (MV Act) is given to the judgment and award
dated 20.07.2019 passed in Motor Accident Claim Petition No.
311 of 2018 (claim petition) by learned Motor Accident Claims
Tribunal (Auxiliary), Ahmedabad City, Court No. 12, Ahmedabad
(the Tribunal). The claim petition was filed under Section 163-A
of the MV Act, wherein, the Tribunal has awarded an amount of
Rs.1 lakh with interest at the rate 9% per annum from the date
of claim petition till realization.
3. Learned advocate Ms. Vrunda Shah for the appellant stated
that learned Tribunal, by placing reliance on decision of the Apex
Court in Master Mallikarjun v. Divisional Manager, The
National Insurance Company Limited & Anr., AIR 2014 SC
736 = 2013 ACJ 2445 has granted Rs.1 lakh towards
compensation who had sustained 10% disability body as a whole.
The learned advocate for the appellant submitted that the
learned Tribunal was required to follow the structured formula
under Section 163-A of the MV Act and thus, according to her, the
notional income ought to have been considered accordingly.
C/FA/575/2022 JUDGMENT DATED: 03/03/2023
4. While countering the same, learned advocate Mr. Viral
Vashi for the respondent - original claimant, by referring to the
decision in Master Mallikarjun (supra) stated that the said
decision does not bifurcate or make any difference between claim
prayer under Section 163-A or Section 166 of the MV Act, where
the child is considered as a non-earning member and the Apex
Court has laid down slabs for consideration of the Tribunal
according to the physical disability of the child and stated that
the learned Tribunal has, accordingly, granted Rs.1 lakh in
accordance with the yardstick laid down in the said decision.
5. This Court also does not find any error or illegality in the
judgment and award passed by the Tribunal and does not find
any reason to interfere in the same, however, the interest rate of
9% is required to be modified to that of 7.5% per annum.
6. In view of the above discussion, the appeal succeeds and is
accordingly allowed in part. The impugned judgment and award
of the Tribunal, referred to herein above, is modified to the
aforesaid extent and it is held that the respondent - original
claimant shall be entitled to interest at the rate 7.5% per annum.
Rest shall remain. R&P, if received, be transmitted back to the
Tribunal concerned forthwith.
C/FA/575/2022 JUDGMENT DATED: 03/03/2023
6.1 As the main appeal is disposed of as aforesaid, civil
application for stay does not survive. The same stands disposed
of accordingly.
[ Gita Gopi, J. ]
hiren
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