Gujarat High Court
Balwantbhai Sonabhai Koli vs Mahemudbhai Makrani on 13 February, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/4445/2022 JUDGMENT DATED: 13/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4445 of 2022
With
R/FIRST APPEAL NO. 4463 of 2022
With
R/FIRST APPEAL NO. 4467 of 2022
With
R/FIRST APPEAL NO. 4468 of 2022
With
R/FIRST APPEAL NO. 4469 of 2022
With
R/FIRST APPEAL NO. 4470 of 2022
With
R/FIRST APPEAL NO. 4471 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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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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BALWANTBHAI SONABHAI KOLI
Versus
MAHEMUDBHAI MAKRANI
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Appearance:
MR. SOBIN S SAIYED with MR. SABIR B SAIYYAD(6322) for the Appellant(s) No. 1
MR TANMAY B KARIA(6833) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1,3,5
UNSERVED EXPIRED (N) for the Defendant(s) No. 4
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 13/02/2024
COMMON ORAL JUDGMENT
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C/FA/4445/2022 JUDGMENT DATED: 13/02/2024
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1. In the group of these present appeals, the claimants
by challenging the common judgment and award dated
12.10.2018 passed by the Motor Accident Claims Tribunal
(Aux.), and 6th (Ad-Hoc) Additional District Judge,
Limkheda, District: Dahod in MACP No.521 of 2017 to
MACP No.527 of 2017 have prayed for the enhancement of
the compensation amount.
2. Learned advocate Mr. Khan for the appellant-
claimants submitted that the Tribunal has not appropriately
compensated the claimant as a labour class and
considering the injury suffered, learned advocate Mr. Khan
submitted that appropriate amount ought to have been
granted under the head of medical expenses, actual loss of
income, special diet, attendance and transportation and
even in under the head of mental pain shock and suffering
and loss of amenities of life. Learned advocate Mr. Khan
submitted that the Tribunal has assessed very meager
amount and should have considered that the claimants
were from the labour class and would not have maintain
any documents to substantiate the medical expenses or the
proof of transportation and the fact of having special diet
for recovery from the injuries.
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3. Learned advocate Ms. Pathak for the respondent No.5
- Insurance Company submitted that the negligence aspect
has been appropriately considered and Insurance Company
has been rightly exonerated and she has stated that no
liability has been mete out for the Insurance Company and
thus urged that the judgment requires no modification.
4. Countering the arguments, learned advocate Mr.
Tanmay Kariya for the Gujarat State Road Transport
submitted that the claimants could not proved the income
and the injury and the physical injuries suffered, has been
appropriately compensated by the Tribunal even in absence
of any documentary evidence and thus submitted that
indulgence of this Court would not be necessary.
5. The case as was urged by the claimants before the
Tribunal suggests that on 16.04.2003 at about 7.00 in the
evening, all the claimants were passing from Bhe-Darwaja
of village: Bariya by traveling in a tractor troly. At that
time, a truck was passing the road, as a result, the tractor
troly was parked on the side and suddenly from the rear
side the tractor troly got a forceful dash because of the
rash and negligent driving of ST bus having Registration
No.GJ-1-Z-2506 which was coming in a full speed. The
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claimants thus urged that because of the accident they
suffered grievious injuries and they were taken to
Government Hospital at Dev-Bariya, and thereafter, at
Godhara Civil Hospital and had also taken treatment from
private hospital as indoor and outdoor patient. Further, the
claimants have prayed for compensation of Rs.1,50,000/-.
6. This Court has perused the judgment and award of
the Tribunal. The claimants could substantiate the factum
of injury by producing Disability Certificates and the
Tribunal has granted the future loss of income accordingly.
This Court is of an opinion that the amount under the
head of future loss of income is not required to be
disturbed. However, under the considerate opinion amount
under other heads would require reconsideration. Hence,
since the injury sustained by the claimants almost similar
and the disability is also to the ratio of 10%, 11% and
12%, accordingly, under the other heads all the claimants
are evenly compensated. Since even amount has been
considered under all the heads, the compensation for in all
the First Appeals No.4445/2022, First Appeal
No.4463/2022, First Appeal No.4467/2022, First Appeal
No.4468/2022, First Appeal No.4469/2022, First Appeal
No.4470/2022 and First Appeal No.4471/2022 in MACP
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No.992/2003 (Old MACP No.6025/2004), MACP
No.136/2017 (Old MACP No.1990/2004), MACP
No.987/2003 (Old MACP No.6020/2004), MACP
No.988/2003 (Old MACP No.6021/2004), MACP
No.989/2003 (Old MACP No.6022/2004), MACP
No.990/2003 (Old MACP No.6023/2004) and MACP
No.991/2003 (Old MACP No.6024/2004) are as under:-
Sr. No. Heads Amount
1. Future loss of income (Same as Rs.49,896/-
Awarded by Learned Tribunal)
2 Medical Expenses Rs.3,000/-
3 Actual loss of income Rs.6,300/-
4 Special Diet, attendance and Rs.5,000/-
transportation
5 Mental pain, shock and suffering Rs.25,000/-
and Loss of Amenities of Life
Total Rs.89,196/-
7. Thus, the enhanced amount in MACP No.521/2017
and MACP No.525/2017 would be Rs.35,736/- while in
MACP No.522/2017, MACP No.523/2017, MACP
No.524/2017 and MACP No.527/2017, the enhanced
amount would be Rs.31,200/- while MACP No.526/2017,
the enhanced amount would be Rs.26,664/-.
8. In the result, the appeals are partly allowed. The
impugned judgment and award dated 12.10.2018 passed by
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C/FA/4445/2022 JUDGMENT DATED: 13/02/2024
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the Motor Accident Claims Tribunal (Aux.), and 6th (Ad-
Hoc) Additional District Judge, Limkheda, District: Dahod
in MACP No.521 of 2017 to MACP No.527 of 2017 stand
modified to the aforesaid extent. No order as to costs.
9. The enhanced amount be deposited by the Gujarat
State Road Transport Corporation before the concerned
Tribunal within eight weeks at rate of 7.5%.
10. After deposit of the same, the tribunal concerned is
directed to disburse the said amount in favour of the
claimant/s after proper verification of identity by Account
Payee cheque or NEFT.
(GITA GOPI,J)
Manoj Kumar Rai
