Gujarat High Court
Raghuvirsinh Naransinh Rajput vs Shivkumar Kailashchandra Makwana on 1 October, 2024
NEUTRAL CITATION
C/FA/4450/2007 ORDER DATED: 01/10/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4450 of 2007
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RAGHUVIRSINH NARANSINH RAJPUT
Versus
SHIVKUMAR KAILASHCHANDRA MAKWANA & ORS.
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Appearance:
MR NV GANDHI(1693) for the Appellant(s) No. 1
MR SUNIT S SHAH(1827) for the Appellant(s) No. 1
MR SUNIL B PARIKH(582) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 1
RULE UNSERVED 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-org. claimant seeks
enhancement of the said judgment and award passed by the
Motor Accident Claim Tribunal, Ahmedabad (Rural), Fast Track
Court No. 6, at Mirzapur, Ahmedabad in Motor Accident Claim
Petition No. 731 of 2004 with interest of 9% annum from the
date of claim petition till its realization.
2. Brief facts of the case are as under:
2.1 That appellant was working as Conductor in a vehicle
bearing Registration No. GJ 18-U 6006 Tata Isher owned by
respondent No. 2 herein. The respondent No. 1 was a driver of
the said vehicle. The said vehicle insured with the respondent
no.3 insurance company. On 14/5/2004 while going to Surat
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C/FA/4450/2007 ORDER DATED: 01/10/2024
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with the goods rice at about 3.30 a.m. early morning, respondent
No. 2, who was driving the said vehicle with negligence and also
not observing the traffic rules due to which he lost the control
over the vehicle and the said vehicle met with an accident with
Tree. FIR was also registered against respondent No. 1 in the
Bharuch City Police Station, Bharuch. Due to said accident,
appellant had sustained serious injury on hands, legs, head, etc,
and also factures on hands and legs. The appellant was firstly
admitted in Bharuch Civil Hospital and thereafter for further
treatment he was admitted in V.S. Hospital, Ahmedabad. The
appellant had taken treatment for two months as an indoor
patient and for six months as an outdoor patient on account of
the said accident, to save the life of the appellant claimant, his
left leg was cut and he was totally bed-rest.
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 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.
3.1 He has submitted that the compensation is required
to be enhanced by modifying the award impugned accordingly
and this appeal may be allowed.
4. Per contra, learned advocate for respondent -
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C/FA/4450/2007 ORDER DATED: 01/10/2024
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Insurance Company has submitted that the impugned judgment
and award passed by the Tribunal is just and proper. The
Tribunal has rightly considered the income of the deceased, the
age of the deceased, the dependency and future aspect of
income. He has submitted that under the head of loss of estate
and funeral expenses, the Tribunal has rightly awarded
compensation. He has submitted that the amount under the
head of loss of consortium is just and proper. He has submitted
that this appeal may be dismissed and no interference be made
by this Court.
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
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
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C/FA/4450/2007 ORDER DATED: 01/10/2024
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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.
6.1 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 learned Tribunal. From the record, it
transpires that the learned Tribunal has erred in assessing
future loss of income of 26% considering the fact of 26%
permanent disability. However, the learned Tribunal has not
added the future prospective income of the claimant considering
the age of the victim, interest of justice would be served if 40%
prospective income would be considered. Therefore, future
monthly prospective income would come to Rs.3080/- (Rs.2200
= Rs.880 (40% prospective income). So far as expenses under
the head of pain, shock and suffering is concerned, the amount
of Rs.30,000/- is on the lower side, as during the accident, the
injured has lost his left leg and totally bed rest, interest of
justice would be served if the amount is enhanced to
Rs.50,000/- under the head of pain, shock and suffering.
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6.2 Therefore, total compensation would be as under, which
the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future dependency Loss 1,73,016/-
Pain, shock and suffering 50,000/-
Medical expenses 65,000/-
Actual loss of income 26,400/-
Special diet, Attendant Charges and 25,000/-
Transportation Expenses
Total... 3,39,416/-
Less : Amount which is already awarded 2,69,952/-
Additional amount which is awarded 69,460/-
7. Therefore, I hold that the claimant is entitled to get
the enhanced compensation of Rs.69,460/- with 6% 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 appeal is partly allowed.
8.2 The Insurance Company is directed to deposit the
enhanced amount Rs.69,460/- with 6% p.a. interest from the
date of claim petition till its realization before the concerned
Tribunal, within a period of six weeks from the date of receipt of
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C/FA/4450/2007 ORDER DATED: 01/10/2024
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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 claimant, 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
