Ramjibhai Kamjibhai Tabiar vs Gujarat State Road Transport ...
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Gujarat High Court

Ramjibhai Kamjibhai Tabiar vs Gujarat State Road Transport ... on 18 June, 2024

                                                                                     NEUTRAL CITATION




      C/FA/3581/2009                               ORDER DATED: 18/06/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 3581 of 2009

                                  With
             CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2016
                    In R/FIRST APPEAL NO. 3581 of 2009
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                 RAMJIBHAI KAMJIBHAI TABIAR
                            Versus
      GUJARAT STATE ROAD TRANSPORT CORPORATION & ANR.
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Appearance:
MR JINESH H KAPADIA(5601) for the Appellant(s) No. 1
MR HS MUNSHAW(495) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                               Date : 18/06/2024
                                ORAL ORDER

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant - claimant, being aggrieved and dissatisfied with the judgment and award dated 06.04.2009 passed by the Motor Accident Claims Tribunal (Aux.), Himmatnagar in Motor Accident Claim Petition No. 669 of 2000, by which the Tribunal has awarded compensation of Rs.30,540/- with 7.5% per annum interest to the claimants, holding Opponents owner-cum- driver and corporation liable, jointly and severally.

2. Brief facts of the case are as under:

2.1 On 15.12.1999 at about 02.00 p.m., the claimant, was performing his duties as conduct in S.T. Bus No.GJ-18-V-2138. When he took the bus to Idar S.T. Workshop for checking, at that point of time, at around 2:00 p.m., he was cleaning the glass of back of the bus. During that time, opponent No.1 by driving the Bus No.GJ-01-Z-

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C/FA/3581/2009 ORDER DATED: 18/06/2024

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3994, in negligently and rashly, endangering human life, dashed with the claimant from the back side, resulting into serious bone fracture injuries. Therefore, the claim petition is filed by the claimant to get the compensation of Rs.7 lakhs with interest.

2.2 Notices were served to the opponents. Opponents have appeared through their respective advocates and filed its written statement at Exh.12 by disputing all the averments made by the claimant in the claim petition and also disputed the liability.

2.3 The Tribunal has framed the issues at Exh.17. The oral as well as documentary evidence were led by the rival parties before the Tribunal. After considering the documentary as well as oral evidence and submissions made at the bar, the Tribunal has partly allowed the claim petition by awarding compensation as noted above.

2.4 Being aggrieved and dissatisfied with the impugned judgment and award passed by the Tribunal, the present appeal is preferred by the claimant for enhancement.

3. Learned advocate for the appellant - claimant has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount awarded is on lower side as the Tribunal has not properly considered the various aspects; like income of the injured, injuries, medical expenses, special diet, attendant charges, conveyance charges etc. He has submitted that the Tribunal has committed an error by not considering the compensation properly under the head of pain, shock and suffering, looking to the injuries sustained by the claimant and considering the decisions of the Hon'ble Apex Court in the case of :

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(i) National Insurance Company Limited versus Pranay Shethi reported in (2017) 16 SCC 680 and (ii) Magma General Insurance Company Limited versus Nanu Ram and others reported in (2018) 18 SCC 130. He has submitted that the Tribunal has not awarded any amount under the heard of loss of amenities and loss of expectation of life, which should be Rs.20,000/- each, as per various judgments of the Hon'ble Apex Court and considering the injury, disability of the injured. He has clearly stated that the claimant has permanent disability to the extent 8% due to injuries for body as a whole, and the Tribunal ought to have granted compensation accordingly. He has submitted that the appropriate enhancement be made by modifying the award impugned. He has submitted that the appeal may be allowed.

4. Per contra, learned advocate for respondent No.3 - corporation has submitted that the impugned judgment and award passed by the Tribunal is just and proper. The Tribunal has rightly considered the compensation towards pain, shock and suffering, special diet, medical expenses, etc. He has submitted that the Tribunal has assessed the disability certificates issued by the doctors and awarded compensation to the claimant. He has submitted that no interference is required in the impugned award. He has submitted that this appeal may be dismissed.

5. It is noteworthy to mention that the provisions of the Motor Vehicles Act, 1988 which gives paramount importance to the concept of 'just and fair' compensation. It is a beneficial legislation which has been framed with the object of providing relief to the victims or their families. Section 168 of the Motor Vehicles Act deals with the

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concept of 'just compensation' which ought to be determined on the foundation of fairness, reasonableness and equitability. Although such determination can never be arithmetically exact or perfect, an endeavor should be made by the Court to award just and fair compensation irrespective of the amount claimed by the claimants.

6.1 I have considered the submissions made by the rival parties. I have perused the record and proceedings of the Tribunal. I have gone through the impugned judgment and award passed by the Tribunal. It is noted that the claimant has by and large claimed enhancement towards pain, shock and suffering and also disability caused to the claimant.

6.2 Further, the Tribunal has taken into consideration the monthly income with monthly allowance of the claimant of Rs.3,550/-, which is rightly considered considering nature of work as government conductor. Looking to the injuries and the disability certificate issued by doctor, it appears that the doctor has opined as per consent of the parties 8% disability for body as a whole, which the Tribunal has rightly considered. The Tribunal has considered 5 multiplier, which the Tribunal has committed error and looking to the age i.e. 39 years of the claimant, multiplier of 15 is required to be awarded as per above-mentioned judgment of the Hon'ble Apex Court. Therefore, Rs.3,550/- x 8% x 12 x 15 multiplier would come to Rs.51,120/- which would be the future prospective income of the claimant, but the Tribunal has committed error in awarding Rs.17,040/- under that head. Furthermore, the Tribunal has erred in awarding Rs.7,500/- towards pain, shock and suffering, which should be Rs.25,000/- considering the injuries and his treatment period. Furthermore, the

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C/FA/3581/2009 ORDER DATED: 18/06/2024

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Tribunal has erred in awarding Rs.1,500/-each only towards special diet, as well as attendant and transportation charges, which should be Rs.7,500/- each considering the injuries and period of hospitalization of the claimant. Furthermore, the Tribunal has awarded Rs.15,000/- towards medical expenses. Considering the nature of injuries, and treatment, Rs.7,500/- is required to be awarded, which is found just and proper. Furthermore, the Tribunal has awarded Rs.1,500/- towards conveyance charges, which should be Rs.7,500/- considering the treatment period. Furthermore, the Tribunal has not erred in not awarding any amount towards loss of amenities of life and loss of expectation of life, which should be Rs.7,500/- each.

6.4 Thus, the appellant - claimant is entitled to get the following final amount as compensation : (insert as per the calculation given by learned advocate)

Particulars Amount (Rs.) Future loss of income 51,120/-

       Pain, shock and suffering                                     25,000/-
       Medical expenses                                                7,500/-
       Special diet                                                    7,500/-
       Attendant charges                                               7,500/-
       Conveyance Charges                                              7,500/-
       Loss of amenities of life                                     20,000/-
       Loss of expectation of life                                   20,000/-
                                            Total...                  146,120/-




6.5    Thus, the Tribunal has committed an error in awarding total

compensation of Rs.30,540/- under various heads. The appellant -

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      C/FA/3581/2009                             ORDER DATED: 18/06/2024

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original claimant is entitled to the additional amount of compensation of Rs.115,580/- over and above the amount of Rs.30,540/- as awarded by the Tribunal. The opponents are jointly and severally liable to pay the aforesaid additional amount of Rs.115,580/- to the appellant - original claimant together with interest @ 7.5% per annum from the date of the claim petition till realization. Rest of the direction(s) if any, shall remain same.

7. For the reasons recorded above, the following order is passed.

7.1 The present appeal is partly allowed.

7.2 The impugned judgment and award dated 06.04.2009 passed by the Motor Accident Claims Tribunal (Aux.), Himmatnagar in Motor Accident Claim Petition No. 669 of 2000 shall stand modified to the aforesaid extent by enhancing the amount of compensation as above.

7.3 The corporation is directed to pay the enhanced amount of Rs.115,580/- with the interest @ 7.5% per annum before the concerned Tribunal, within a period of six weeks from the date of receipt of this order.

7.4 The Tribunal shall disburse the entire awarded amount (including the enhanced amount) lying in the FDR and/or with the Tribunal, with accrued interest thereon if any, to the claimant, by account payee cheque, after proper verification and after following due procedure.

7.5 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.

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      C/FA/3581/2009                            ORDER DATED: 18/06/2024

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7.6    Record and proceedings be sent back to the concerned
Tribunal, forthwith.


7.7    Civil Application is disposed of accordingly.


                                                (SANDEEP N. BHATT,J)
DIWAKAR SHUKLA