Gujarat High Court

Ghanshyambhai Manubhai Amin vs Bharatsinh Raysinh Sindha on 5 January, 2024

Author: Gita Gopi

Bench: Gita Gopi

                                                                                      NEUTRAL CITATION




     C/FA/2382/2014                                  JUDGMENT DATED: 05/01/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 2382 of 2014


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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                         GHANSHYAMBHAI MANUBHAI AMIN
                                    Versus
                      BHARATSINH RAYSINH SINDHA & 2 other(s)
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Appearance:
MR ADNAN KHAN for MR MTM HAKIM(1190) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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    CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                 Date : 05/01/2024

                                 ORAL JUDGMENT

1. The challenge has been given to the judgment dated

16.8.2013 passed by the MACT (Aux), Vadodara in

MACP No.2288/99.

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2. Learned advocate Mr. Adnan Khan along with learned

advocate Mr. Hakim submitted that the learned

Tribunal has not assessed the income of the

injured claimant in accordance to the work in

agriculture field and he was managing the

agricultural land and was taking the produce from

the said land. Mr. Khan submitted that as per the

evidence of the claimant, he holds 80 vighas of

land and to substantiate the said plea, had

produced 8A and 7/12 extracts from the Revenue

Department, which shows that the land in his

agriculture account is Hec-Are-Sq. Mtr. 8-01-28.

Mr. Khan submitted that he was cultivating his

land running a tractor and now because of the

injury, he had multiple operations in the right

lower limb and he was admitted in the hospital for

about 43 days. Mr. Khan submitted that the

physical disability was required to be assessed as

functional disability while the learned Tribunal

has assessed only Rs.500/- towards monthly income,

which Mr. Khan submitted that it would be

degrading the status of the claimant as an

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agriculturist who provides food to the society.

Mr. Khan submitted that taking into consideration

80 vighas land, the loss which he would suffer in

the agriculture work would be because of his

immobility which would affect the managerial skill

of the claimant of his control on the agriculture

work and thus, submitted that taking into

consideration the date of accident as 2.9.1999,

the amount is required to be assessed as per the

cost of living index.

3. Learned advocate Mr. Mazmudar submitted that the

learned Tribunal has appropriately granted the

compensation amount, which is assessed as

Rs.1,86,000/- allowing the compensation under the

head of pain, shock and suffering and further

submitted that Rs.70,000/- has been granted under

the head of medical expenses and thus, contended

that the total compensation of Rs.1,86,000/- would

be just and proper for the claimant.

4. As per the facts of the accident, on 2.9.1999, the

claimant and Basirbhai were standing on the side

of the road at Kamal Petrol Pump, Village Amod on

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the Bharuch-Jambusar road with their jeep parked

on the side for repairing of the punctured tyre.

It is stated that the truck of the opponent came

from Bharuch side and knocked him down and the

wheel of the truck ran over his right feet causing

grievous injuries leading to permanent disability.

5. The claimant had stated that he has suffered

injuries upon his metatarsal phalanges of right

foot with multiple fractures and also many other

injuries on other parts of the body. He was

admitted in the hospital of Dr. Mahesh Patel at

Vadodara on the date of the accident and was

discharged on 15.10.1999. He had to undergo

multiple operations and had also to bear the

expenses of plastic surgery. Advocate Mr. Khan

submitted that the Tribunal was required to

consider all these aspects and should have

appropriately awarded the amount to the injured

claimant.

6. The claimant had produced 8A and 7/12 extracts of

his agricultural land. He has supported his claim

of his earning from the agricultural field by

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producing the documentary evidence. The learned

Tribunal was required to consider this fact and

should also have appreciated that the claimant was

doing the agriculture work with the support of the

tractor and other equipments, but owing to the

injury, he may not be in a position to continue

with his work. Taking into consideration the fact

of his holding 80 vighas land, the learned

Tribunal should have granted appropriate amount

under the head of managerial skill, which would

suffer because of his physical disability. The

income as could be assessed for the managerial

skill taking into consideration the year of the

accident and keeping in mind the cost of living

index, this Court considers that Rs.1,500/- per

month could be considered as his monthly income,

annually he would earn Rs.18,000/-. The claimant

suffered disability and he had produced the

discharge summary at Exh.24 and disability

certificate at Exh.21. He was hospitalized for

around 43 days and undergone multiple operations.

He was frequently admitted for around 4-5 times

for the treatment. The learned Tribunal has

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assessed 35% disability for the lower limb.

Considering the fact that he would have to look

after 80 vighas land and considering his

disability of lower limb, he would not be in a

position to look after his agriculture work and

would have to employ some other person to look

after the property and hence, this Court considers

functional disability as 100% and hence,

accordingly, applying multiplier of 14 considering

the age of 45 to the annual income, the future

loss of income would be Rs.2,52,000/-.

7. The claimant was hospitalized for a period of 43

days. He was operated multiple times. The Doctor

has considered disability of the lower limb, which

has been accepted by the Tribunal. The medical

expenses of Rs.70,000/- has been proved

considering this fact and the fact facing the

accident and losing the income because of the

physical disability, this court considers to

enhance the amount from Rs.25,000/- to Rs.70,000/-

under the head of pain, shock and suffering.

Medical expenses has been granted by the Tribunal

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at Rs.70,000/-. The Tribunal has granted

Rs.7,000/- under the head of food, attendant and

transportation and this Court considering the fact

that 100% functional disability has been assessed

and when the claimant has been reimbursed for the

loss, the said amount is not altered. Thus, the

computation would be as under:-

Rs.2,52,000/- Future loss of income Rs. 70,000/- Pain, shock and suffering Rs. 70,000/- Medical expenses Rs. 7,000/- Special diet, attendant and transportation Rs.3,99,000/- Total compensation

8. As the Tribunal has granted compensation of

Rs.1,86,000/- with interest at the rate of 9% per

annum, the claimant would be entitled to the

enhanced amount of compensation of Rs.2,13,000/-

with interest at the rate of 7.5% per annum from

the date of filing of the claim petition till its

realization. The enhanced amount is directed to be

deposited within eight weeks from the date of

receipt of writ of this Court.

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