Gujarat High Court
New India Assurance Co. Ltd vs Somabhai Dungarbhai Parmar on 1 October, 2024
NEUTRAL CITATION
C/FA/4911/2007 ORDER DATED: 01/10/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4911 of 2007
With
CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2007
In R/FIRST APPEAL NO. 4911 of 2007
With
R/CROSS OBJECTION NO. 17 of 2008
In
R/FIRST APPEAL NO. 4911 of 2007
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NEW INDIA ASSURANCE CO. LTD
Versus
SOMABHAI DUNGARBHAI PARMAR & ORS.
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Appearance:
MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Defendant(s) No. 1
MR AKASH CHHAYA, AGP for the Defendant(s) No. 3
MR DHARMESH V SHAH(1050) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5
MS DRASHTI D SHAH(11443) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5
REFUSED SERVED (R)(70) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/10/2024
ORAL ORDER
1. By way of present appeal, the appellant seeks
enhancement of the said judgment and award passed by the
Motor Accident Claim Tribunal, Ahmedabad (Rural), Fast Track
Court No. 7, at Mirzapur, Ahmedabad in Motor Accident Claim
Petition No. 1955 of 1991 with interest of 7.5% annum from the
date of claim petition till its realization.
1.1. Cross objection is also filed by the original claimant to
enhance the amount of compensation as awarded by the learned
Tribunal.
2. Brief facts of the case are that when the claimant was
NEUTRAL CITATION
C/FA/4911/2007 ORDER DATED: 01/10/2024
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coming on his cycle on 19.11.1990, at about 5:00 p.m., one
truck bearing registration No.GJ 1 G 6176 came in a rash and
negligent manner with full speed and dashed with the claimant
and thereby, the claimant received serious injuries.
3. Learned advocate for the appellant would submit that the
learned Tribunal has committed serious error in granting higher
compensation and therefore, he prays to allow the first appeal by
quashing and setting aside the impugned judgment and award.
4. Learned advocate for the claimant in cross objection would
submit that the Tribunal has committed an error in not properly
calculating the amount of compensation. He has submitted that
amount of award is on lower side as the Tribunal has not
properly considered the various aspects; like prospective income
of the deceased, negligence, liability and family circumstances,
etc.
5. Apt to note that the Motor Vehicle Act, 1988 is a beneficial
piece of Legislation. The concept of just and fair compensation is
integral and seminal to the MV Act. The compensation to be
awarded under the principle of just and fair compensation to the
injured of the road accident or the legal representative/s of the
deceased person is based on the principle of fairness,
reasonableness and equability. Anguish of the heart or for
mental turbulence being consequential result of the road
accident cannot be actually compensated, but the quint
essentiality lies in adopting holistic and pragmatic view to the
computation of the compensation for the loss sustained, which is
to be in the realm of realistic approximation. Although exact or
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C/FA/4911/2007 ORDER DATED: 01/10/2024
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perfect arithmetical calculation of compensation for reparation of
the loss arrived from the road accident is almost impossible. The
Tribunal is bestowed with duty to make an endevour to award
just compensation regardless of the amount claimed by the
claimant. The determination of the quantum of compensation
therefore, must be liberal and not niggardly since the law values
life and limb in a free country in generous scale. Needless to
state that money may be awarded, so that something tangible
may be procured to reach something else of the like nature,
which has been destroyed or lost, but money cannot renew
physical frame that has been battered and shattered being a
result of the road accident. Yet Tribunal to endavour to bring
back victim to stage of pre-road accident as far as possible
Thus, the award must be reasonable and cannot be assessed
with moderation though it cannot at the same time be pity and
what could be granted must be just, fair and equitable
compensation.
6. 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 learned Tribunal. Considering the facts
and circumstances of the case and the injury received by the
claimant, I am of the considered opinion that interest of justice
would be served if the total compensation is enhanced from
Rs.55,520/- to Rs.1,00,000/-.
7. Therefore, I hold that the claimants are entitled to get the
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C/FA/4911/2007 ORDER DATED: 01/10/2024
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enhanced compensation of Rs.44,480/- with 7.5% p.a. interest
from the date of filing the claim petition till its realisation, which
would meet the ends of justice. Rest of the direction(s) of the
Tribunal remain same.
8. For the reasons recorded above, the following order is
passed.
8.1 The present first appeal is dismissed and cross
objection is partly allowed. Consequently connected civil
application also stands disposed of.
8.2 The Insurance Company is directed to deposit the
enhanced amount Rs.44,480/- with 7.5% p.a. interest from the
date of claim petition till its realization before the concerned
Tribunal, within a period of four weeks from the date of receipt of
this order.
8.3 The Tribunal shall disburse the entire awarded
amount lying in the FDR and/or with the Tribunal, with accrued
interest thereon, if any, to the claimants, by account payee
cheque / NEFT / RTGS, after proper verification and after
following due procedure.
8.4 While making the payment, the Tribunal shall deduct
the courts fees, if not paid, in accordance with rules/law.
8.5 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
