Gujarat High Court
Valji Ramji Hethwadiya (Ahir) vs Shambhubhai Tejabhai Khatariya ... on 6 September, 2023
Bench: Umesh A. Trivedi
NEUTRAL CITATION
C/FA/3694/2017 JUDGMENT DATED: 06/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3694 of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
and
HONOURABLE MRS. JUSTICE M. K. THAKKER
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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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VALJI RAMJI HETHWADIYA (AHIR)
Versus
SHAMBHUBHAI TEJABHAI KHATARIYA (AHIR) & 4 other(s)
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Appearance:
MR VISHAL C MEHTA(6152) for the Appellant(s) No. 1
MR. KISHAN H DAIYA(6929) for the Appellant(s) No. 1
MR.KISHAN PRAJAPATI(7074) for the Appellant(s) No. 1
MR SUNIL B PARIKH(582) for the Defendant(s) No. 3
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 1,2,4
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
and
HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/09/2023
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NEUTRAL CITATION
C/FA/3694/2017 JUDGMENT DATED: 06/09/2023
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ORAL JUDGMENT
(PER : HONOURABLE MRS. JUSTICE M. K. THAKKER)
1. Feeling aggrieved and dissatisfied with the impugned
judgment and award passed by the learned MACT (Aux.-9) (Ad-
Hoc), Kutch at Bhuj in MACP No.147 of 2014 dated 7.7.2017
appellant - original claimant has preferred this appeal under
Section 173 of the Motor Vehicles Act.
2. Following facts emerge from the records are as under:
2.1 That on 26.02.2014, the claimant was driving the Motor
Cycle No.GJ12-AG2762 when they reached near the Yogeshwar
Chowkdi, Anjar, one tanker bearing Registration No.GJ12-YY-9100
driven by opponent No.1 came from the opposite side - wrong
side in excessive speed and dashed with Motor Cycle of the
claimant and thereby caused the accident resulted into grievous
injuries. The claimant was taken to the Anjar Government
Hospital and thereafter, referred to Dr.Hotchandani, Gandhidham
for further treatment. The claim petition came to be filed before
the learned MACT (Aux.) Ad-hoc, Gandhidham for claiming the
compensation under Section 166 of the Motor Vehicles Act, 1988
NEUTRAL CITATION
C/FA/3694/2017 JUDGMENT DATED: 06/09/2023
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of Rs.15 lacs. The learned Tribunal, after considering the
evidence placed and the arguments advanced by the learned
advocates for the respective parties was pleased to pass
judgment and award granting the compensation of
Rs.12,08,830/- with proportionate cost and interest @ 7.5% per
annum from the date of Claim Petition till the realization of
opponent Nos.1 to 3 liable jointly and severally, which is the
subject matter of the petition.
3. Learned advocate, Mr.Mehta, for the claimant submitted
that as per the judgment laid down by the Hon'ble Apex Court in
the case of Sarla Verma & Ors vs Delhi Transport Corp.& Anr
reported in (2009) 6 SCC 121 and in the case of National
Insurance Co. Ltd vs Pranay Sethi reported in 2017 (16) SCC 680
the prospective income, which is required to be considered at
the rate of 40% as claimant was of 26 years at the relevant time
which was not considered by the learned Tribunal and
compensation under the head of pain, shock and suffering, which
was awarded as Rs.7500/-is too meager amount considering his
3 surgeries performed and admission in the hospital for 2 months
NEUTRAL CITATION
C/FA/3694/2017 JUDGMENT DATED: 06/09/2023
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period, the same is required to be enhanced and therefore, he
prayed to allow the aforesaid First Appeal to the aforesaid
extent. Confining the arguments with respect to the above two
heads, learned advocate for the claimant - appellant prays to
allow the appeal to the aforesaid extent.
4. On the other hand, learned advocate, Mr.Sunil Parikh,
appearing for Respondent No.3 - New India Insurance Co. Ltd.
submitted that whatever the evidences relied and proved
accordingly, learned Tribunal awarded compensation, which is
just and reasonable, therefore, prayed to not to interfere with the
judgment and award passed by the learned Tribunal and to
dismiss the First Appeal.
5. Considering the submissions as well as medical papers
which were produced by the claimant before the learned
Tribunal, it transpires that the discharge summary, which was
produced at Exh.47, reveals that there were 3 surgeries, which
was performed and he was admitted in the Hospital on 26 th
February, 2014 and discharged on 24 th April, 2014, which shows
that he was for the period of 2 months admitted in the Hospital.
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C/FA/3694/2017 JUDGMENT DATED: 06/09/2023
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Further, the medical certificate reveals that his muscles were
totally crushed along with the skin of right leg and there was an
amputation of the right leg below the knee. That considering the
age of the claimant i.e. 26 years and grievous injury resulting
into total disability 50%, this Court is of the opinion that 40%
prospective income is required to be asssessed and Rs.75,000/-
under the head of pain, shock and suffering is required to be
awarded as enhanced amount to the claimant.
6. In view of above, the below mentioned amount is required
to be awarded:
Particulars Tribunal Proposed
Awarded Claim
Income (Monthly) 5,000 5,000
Add: Future Rise (Age 26 years) ---- 2,000
(40%)
Monthly Income 5,000 7,000
Disability (50%) 2,500 3,500
Total Monthly Income 2,500 3,500
Total Yearly Income 30,000 42,000
Future loss of income 5,10,000 7,14,000
Add: Medical Expenses 6,81,330 6,81,330
Add: Actual Loss of Income 5,000 5,000
Add: Pain, Shock and sufferings 7,500 75,000
(Amputation of right leg below knee)
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C/FA/3694/2017 JUDGMENT DATED: 06/09/2023
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Add: Special Diet, Transportation, etc. 5,000 15,000
Total Amount of Compensation 12,08,830 14,90,330
Additional Amount 2,81,500
7. As the Tribunal had awarded Rs.12,08,830/- and this Court
comes to be conclusion that same is required to be enhanced for
Rs.14,90,330/- therefore, the balance amount of Rs.2,81,500/- is
required to be deposited before learned trial Court by opponent
Nos.1 to 3 with 7.5% interest. The aforesaid amount shall be
deposited within period of 2 (two) weeks, which may be
disbursed in the name of original claimant after due verification.
R & P be sent back. Appeal stands disposed of accordingly.
(UMESH A. TRIVEDI, J)
(M. K. THAKKER,J)
ASHISH M. GADHIYA
