Gujarat High Court
Chimanbhai Shamjibhai Patel vs Natwarlal Babubhai Rawal on 8 January, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/105/2010 JUDGMENT DATED: 08/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 105 of 2010
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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CHIMANBHAI SHAMJIBHAI PATEL
Versus
NATWARLAL BABUBHAI RAWAL & 2 other(s)
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Appearance:
MR PARESH M DARJI(3700) 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. 2
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 08/01/2024
ORAL JUDGMENT
1. The injured claimant challenges the judgment dated
25.11.2009 passed by the MACT, Kheda at Nadiad in
MACP No.840/06.
NEUTRAL CITATION
C/FA/105/2010 JUDGMENT DATED: 08/01/2024
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2. The accident took place on 2.4.2006 at about 1.15
in the afternoon near Village Vadali. It is stated
by the claimant that he along with pillion rider -
Kanti were returning on motorcycle bearing
registration no. GJ-7 AL-1837 after attending the
political meeting at Kapadvanj. While passing
through Vadali patiya, they met with an accident
as the opponent no.1 came driving rickshaw bearing
registration no. GJ-7 TT-287 in a rash and
negligent manner in full speed and dashed the
motorcycle. As a result, they sustained serious
injuries. Initially, he was taken to Kothari
Orthopedic Hospital. After having a preliminary
treatment for further treatment, he was
transferred to Day Night Accident Hospital,
Ahmedabad where he stayed as an indoor patient.
3. Mr. Darji submitted that the injured was examined
to prove the physical disability as well as the
functional disability. Mr. Darji stated that the
injured was generating the income from
agricultural land as well as from depositing the
milk in the cooperative society and the witness
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C/FA/105/2010 JUDGMENT DATED: 08/01/2024
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was examined to prove the income from the society
account. Inspite of that, the learned Tribunal has
considered only income of Rs.2,000/- per month.
Mr. Darji stated that 16% physical disability
could be placed on record by way of consent
purshis and thus, under instructions, does not
want to agitate the same, but the amount under the
head of pain, shock and suffering and special diet
is on lower side where the claimant could prove
the expenses of Rs.39,182/- as medical expenses.
4. Mr. Mazmudar submitted that the learned Tribunal
has granted the income considering the fact of
evidence from the witness while the claimant could
not prove his income from agricultural land and
thus, submitted that the amount of Rs.2,000/- is
just and reasonable.
5. The claimant had stated that he was managing the
agricultural land and had also examined Anilkumar
Patel at Exh.45 who is Secretary of Thavadalat
Milk Producing Cooperative Society. The evidence
on record at Exhs.47, 48 and 49 is account of mill
supplied to the Mandli and for the year 2003-04,
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2004-05 and 2006-07, the certificate shows the
payment made to the injured. The evidence was also
given to the effect that the claimant was also
looking after the agricultural land. Considering
the cost of living index of the year of the
accident and the work undertaken by the claimant
with the proof of the witness for the income
received from the milk cooperative society, the
amount of monthly income as assessed by the
Tribunal is on the lower side. This Court after
considering the income from the milk cooperative
society and the fact of agricultural managerial
skill for the agricultural work considers it just
and reasonable for the income to be assessed at
Rs.3,000/- per month for the claimant. The age of
the claimant was 51 at the time of the accident
and hence, as per the decision in the case of
National Insurance Company Limited Vs. Pranay
Sethi & Ors. reported in (2017) 16 SCC 680, he
would be entitled for 10% of increment in
prospective income. Hence, his income would be
assessed as Rs.3,300/- per month. He suffered 16%
physical disability and since consent has been
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C/FA/105/2010 JUDGMENT DATED: 08/01/2024
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given to consider the same as functional
disability, future loss of income, considering the
multiplier of 11, would come to Rs.69,696/-
(Rs.3,300/- X 16% = Rs.528/-) (Rs.528/- x 12 x
11). The learned Tribunal has computed the actual
loss of income for 3 months. Hence, under the said
head, the claimant would be entitled for
Rs.9,000/-. Considering the physical disability
and the treatment and the fact that he must have
suffered shock during the accident, under the head
of pain, shock and suffering, the same is required
to be enhanced from Rs.10,000/- to Rs.20,000/-. In
the same way, amount granted under the head of
special diet, attendant and transportation is
enhanced from Rs.6,000/- to Rs.10,000/-.
6. Thus, the computation would be as under:-
Rs.69,696/- Future loss of income
Rs. 9,000/- Actual loss of income
Rs.20,000/- Pain, shock and suffering
Rs.39,182/- Medical expenses
Rs.10,000/- Special diet, attendant and
transportation
Rs.1,47,878/- Total compensation
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C/FA/105/2010 JUDGMENT DATED: 08/01/2024
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7. As the Tribunal has granted compensation of
Rs.1,03,402/- with interest at the rate of 9% per
annum, the claimants would be entitled to the
enhanced amount of compensation of Rs.44,456/-
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. The said amount is
ordered to be paid to the claimants.
8. 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
