Gujarat High Court
Jitendrabhai Ladharam Kundlani vs Gujarat State Road Transport ... on 2 September, 2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1502 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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JITENDRABHAI LADHARAM KUNDLANI & ORS.
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION & ANR.
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Appearance:
MR MONAL S CHAGLANI(10240) for the Appellant(s) No. 1,2,3,4
MS SEJAL K MANDAVIA(436) 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 : 02/09/2024
ORAL JUDGMENT
1. The present First Appeal under Section 173 of the
Motor Vehicles Act, 1988 is preferred by the appellants -
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original claimants, being aggrieved by and dissatisfied with
the impugned judgment and award dated 15.02.204 passed by
the learned Motor Accident Claims Tribunal (Aux.), Junagadh
in Motor Accident Claim Petition No.226 of 2019, which was
preferred under Section 163A of the M.V. Act, by which the
Tribunal has awarded compensation of Rs.1,20,000/- with 8%
per annum interest to the claimant/s, holding Opponents No.1
and 2 i.e. GSRTC and driver of the bus liable, jointly and
severally.
2. The brief facts of the case, as per the claimants,
are as under :
2.1 That on 04.09.2019 at about 8:00 p.m., deceased -
Ladharam Dholumal Kundlani was standing besides Gate
No.2 of GSRTC Bus Stand, Junagadh. At that time, a
GSRTC Bus bearing registration No.GJ-18-Y-9578 came with
the deceased and caused the accident. As a result, the
deceased succumbed to the injuries on his head and died on
the spot. Therefore, the legal heirs of the deceased - children
have filed claim petition seeking compensation of Rs.5 lakhs
with cost and interest for unnatural and untimely death
against the present respondents before the Tribunal.
2.2 Notices were served to the opponents. Opponents
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No.1 - GSRTC has filed its written statement / objections by
disputing all the averments made by the claimants in the
claim petition. Opponent No.2 - driver has chosen not to
appear and contest the claim petition before the Tribunal.
2.3 The Tribunal has framed the issues. 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/s for enhancement.
3. Learned advocate Mr.Monal Chaglani for the
appellant/s - claimant/s 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. He has
submitted that the Tribunal has erred in appreciating the
effect of changes in Section 163A, as Schedule II is amended
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pursuant to the Notification by the Central Government by
powers conferred under Section 163A (3) of the Act, which
was notified on dated 22.05.2018 with the official Gazette,
whereby with effect from 22.05.2018 in cases of 'No Fault
Liability' fatal cases Rs.5 lakhs flat is to be awarded. He has
further submitted that this provision was available upto
01.04.2022 when Section 163A and Schedule II were
substituted with Section 164 inserted vide the Motor Vehicles
Amendment Act, 2019, whereby more or less, provision which
was prevailing for fatal 'No Fault Liability' cases were
reiterated i.e. Rs.5 lakhs. He has also submitted that
therefore, effective date of both amendments were dated
22.05.2018 and dated 01.04.202 and the Tribunal has ignored
the previous amendment vide dated 22.05.2018 and considered
as case under subsequent amendment, whereby computed
amount of compensation under old Schedule II.
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, Ms. Sejal Mandavia, learned advocate
for respondent - G.S.R.T. Corporation has submitted that the
impugned judgment and award passed by the Tribunal is just
and proper. The Tribunal has rightly considered the income
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of the deceased, the age of the deceased, the dependency and
future aspect of income. She has submitted that this appeal
may be dismissed and no interference be made by this Court.
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 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. I have considered the rival submissions made by
the respective parties. I have perused the impugned judgment
and award passed by the Tribunal. I have also considered
the documents available on record.
7. The claim petition was filed under Section 163-A
of the MV Act. The date of accident is 4.9.2019. The date of
amendment in the Schedule II was made w.e.f. 22.5.2018
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wherein, in cases of no-fault liability fatal cases, the flat
amount of Rs.5 lakhs is to be awarded. The same was in
force on the date of accident, until the further amendment
was made on 1.4.2022, whereby also, provisions which was
prevailing for fatal no-fault liability cases were reiterated i.e.
Rs.5 lakhs. Therefore, in view of the same, the learned
Tribunal has erred in granting the only compensation of
Rs.1,20,000/- to the claimant and as per the above referred
amendment, the amount of Rs.5,00,000/- is required to be
awarded. Therefore, total compensation would be as under,
which the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
The Claimants are entitled as per Schedule 5,00,000/-
under Section 163A of the M.V. Act.
Less : Amount which is already awarded 1,20,000/-
Additional amount which is awarded 3,80,000/-
8. Therefore, I hold that the claimant/s is/are entitled
to get the total amount of compensation as mentioned
hereinabove, which would meet the ends of justice.
9. For the reasons recorded above, the following order
is passed.
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9.1 The appeal is partly allowed.
9.2 The impugned judgment and award is modified to
the extent that the applicant do recover an amount of
Rs.5,00,000/- (Rupees five lakhs only) as compensation with
interest @ 8% per annum from the date of filing of the
petition till realization of awarded amount along with
proportionate costs from the opponent nos.1 and 2 and
respondent No.` - G.S.R.T. Corporation is directed to deposit
the entire awarded amount, if yet not deposited, including
the enhanced amount, as noted above, with interest and cost
as decided by the Tribunal, from the date of claim petition
till its realisation, before the concerned Tribunal, within a
period of four weeks from the date of receipt of this order.
Rest of the direction(s) of the Tribunal remain same.
9.3 The Tribunal shall disburse the entire awarded
amount lying in the FDR and/or with the Tribunal (including
enhanced amount), with accrued interest thereon, if any, to
the claimants, by account payee cheque / NEFT / RTGS,
after proper verification and after following due procedure.
9.4 While making the payment, the Tribunal shall
deduct the courts fees, if not paid, in accordance with
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rules/law.
9.5 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(SANDEEP N. BHATT,J)
M.H. DAVE
