Gujarat High Court
Reliance General Insurance Company ... vs Nitaba Gumansinh Zala on 18 June, 2024
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C/FA/2228/2024 JUDGMENT DATED: 18/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2228 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/FIRST APPEAL NO. 2228 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
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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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RELIANCE GENERAL INSURANCE COMPANY LIMITED
Versus
NITABA GUMANSINH ZALA & ORS.
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Appearance:
MASUMI V NANAVATY(9321) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 18/06/2024
ORAL JUDGMENT
1. The present appeal is filed by the appellant - Insurance
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C/FA/2228/2024 JUDGMENT DATED: 18/06/2024
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Company under Section 173 of the Motor Vehicles Act, being
aggrieved by and dissatisfied with the judgment and award dated
22.02.2024 passed by the Motor Accident Claims Tribunal (Main),
Kachchh at Bhuj in Motor Accident Claim Petition No.311 of 2021, by
which, the Tribunal has partly allowed the claim petition by awarding
Rs.33,07,000/- with 9% p.a. interest to be paid to claimant/s, by
holding opponents liable, jointly and severally.
2. The facts of the present appeal are as under :
2.1 On 25.05.2021, the deceased - late Shri Pruthvirajsinh
Gumansinh Zala was plying Motorcycle bearing registration No.GJ-
12-EF6750 at moderate speed and was proceeding from Desalhpar to
Mandvi. When he reached at the place of accident, at that time, the
driver of Car bearing registration No. GJ-12-EE-0037 was driving the
case in rash and negligent manner and at an excessive speed,
without observing traffic rules, he lost the control over the steering
and dashed with the motorcycle of the ceased from behind and
thereby caused accident, in which the deceased sustained serious
injuries and ultimately succumbed to the accidental injuries.
Therefore, the claimants - the parents of the deceased have filed a
claim petition before the Tribunal to get compensation of Rs.67 lakhs
with cost and interest at the rate of 18% p.a.
2.2 The notices were served to the opponents. Opponent
No.1 - Driver-cum-owner of the car did not appear and contest the
claim petition. Opponent No.2 - the insurance company of the Car
has filed its written statement and denied the contentions / claim of
the claimants. The issues were framed by the Tribunal. Oral as well
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as documentary evidence were led before the Tribunal. After hearing
the submissions made by the rival parties, the Tribunal has partly
allowed the claim petition(s) and awarded compensation as noted
above.
2.3 Hence, the insurance company has filed the present
appeal before this Court.
3. Learned advocate Mr. V.P. Nanavaty for the appellant -
Insurance Company has submitted that the learned Tribunal has
materially erred while deciding the issue of negligence since there
were ample evidence on the record that the deceased, who was
riding motorcycle, had also contributed to the accident since he was
plying his motorcycle without following traffic rules in excessive
speed and on the middle of the road on a highway. He has submitted
that the learned Tribunal has wrongly considered the monthly
income of the deceased and granted compensation on that basis,
which is too higher side. He has submitted that concocted story was
created about the job and income. He has further submitted that the
learned Tribunal ought to have awarded less compensation than the
compensation granted in the impugned award. He has also submitted
that the claimants have claimed Rs.67 lakhs compensation before the
learned Tribunal and the learned Tribunal has granted Rs.33,07,000/-
only to the claimants. He has submitted that the appellant - the
insurance company has challenged the award to the extent
Rs.15,11,800/- only. He has further submitted that this appeal may
be allowed and the amount of compensation awarded by the
Tribunal is required to be interfered with by this Court.
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4. I have considered the submissions made by the learned
advocate for the appellant. I have perused the record and
proceedings. I have gone through the impugned judgment and award
passed by the Tribunal. I have also considered the pleadings of the
parties before the Tribunal. It clearly transpires from the record that
the deceased had received serious injuries and ultimately succumbed
to the said injuries. Further, the deceased was aged about 24 years
at the time of accident, the multiplier applied by the learned Tribunal
is proper. Further, the learned Tribunal has rightly considered that
future prospective income of the deceased and awarded
compensation accordingly. Further, the claimants have proved their
case by leading oral evidence where the claimant was cross-
examined by the insurance company, but no admission or no material
is found from the cross-examination of the claimant which supports
the case of the insurance company as denied by it. Further, the
learned Tribunal has properly considered the dependency and
personal expenses as well as consortium and granted compensation
keeping in mind the observations made by the Hon'ble Apex Court in
the case of National Insurance Company Limited versus Pranay
Shethi reported in (2017) 16 SCC 680. Under the circumstances, the
appeal therefore deserves to be dismissed.
5. In view of above, the following order is passed.
5.1 The present appeal is dismissed, with no order as to costs.
5.2 The amount lying with the Tribunal and/or in the FDR,
pursuant to the order of this Court if any, shall be disbursed to the
claimant/s, along with accrued interest thereon, if any, by account
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payee cheque / NEFT/ RTGS, after proper verification and after
following due procedure, within a period of six weeks from today.
5.3 Record and proceedings be sent back to the concerned
Tribunal, forthwith.
6. In view of above, civil application would not survive and
is disposed of accordingly.
(SANDEEP N. BHATT,J)
M.H. DAVE
