Gujarat High Court
United India Insurance Company Ltd vs Jamnaben Ratabhai Vasava Wd/O Ratabhai ... on 6 September, 2024
NEUTRAL CITATION
C/FA/83/2013 ORDER DATED: 06/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 83 of 2013
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UNITED INDIA INSURANCE COMPANY LTD
Versus
JAMNABEN RATABHAI VASAVA WD/O RATABHAI @ HUNIYA NAGARIYA
& ORS.
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Appearance:
MR VC THOMAS(5476) for the Appellant(s) No. 1
MR MTM HAKIM(1190) for the Defendant(s) No. 1,2
NOTICE SERVED BY DS for the Defendant(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 06/09/2024
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor
Vehicles Act, 1988, is preferred by the appellant - original
respondent No.3, being aggrieved and dissatisfied with the
judgment and award dated 23.10.2012 passed by the Motor
Accident Claims Tribunal (Main), Narmada at Rajpipla, in
Motor Accident Claim Petition No.178 of 2008, by which the
Tribunal has awarded compensation of Rs.2,74,600/- with
interest at the rate of 6% p.a. till 2006 and afterwards at
the rate of 7.5% if the amount is deposited within a period
of two months from the date of the judgment otherwise at
the rate of 9% p.a. to the claimant, holding Opponents liable,
jointly and severally.
2. Brief facts of the case are as under:
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2.1 On 3.11.1995 at about 6.00 p.m. on Khavji Dabda road
to Dediapada road. The deceased Ratabhai @ Huniyabhai
Vasava along with three others traveling in the Tempo
No.GQC-5844. When the said Tempo reached near the place
of the accident, the driver of the Tempo lost control over the
steering and as a result of which the Tempo turned turtle.
The deceased Ratabhai @ Huniyabhai Vasava sustained
grievous injuries and succumbed to those injuries.
2.2 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.
2.3 Being aggrieved and dissatisfied with the impugned
judgment and award passed by the Tribunal, the present
appeal is preferred before this Court.
3. Learned advocate for the appellant has submitted that
the issues involved in the present appeal are relating to the
aspect of cheque dishonoured, that the deceased was a
gratuitous passenger in the goods vehicle as well as deceased
was not a third party. Additionally, he has submitted that,
looking to the judgment passed by the concerned tribunal,
whereby, as per para 11 of the judgment, the tribunal has
passed the order for pay and recover, therefore, considering
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C/FA/83/2013 ORDER DATED: 06/09/2024
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the meagre awarded amount of Rs.2,74,600/- as well as to
take into consideration of the order of pay and recover which
has already been passed by the concerned tribunal. He has
relied upon the decision of the Hon'ble Apex Court in the
case of New India Assurance Co. Ltd. Vs. Kendra Devi
reported in (2007) 14 SCC 299, more particularly, paragraph
No.7 thereof, in support of his submissions made at the bar
and therefore, he prays that appropriate order may be passed
by this Court.
4. Per contra, learned advocate for respondent Nos.1 and 2
has submitted that the impugned judgment and award passed
by the Tribunal is just and proper and no interference is
required in the impugned judgment and award passed by the
concerned Tribunal.
5. I have considered the submissions made by the rival
parties. I have gone through the impugned judgment and
award passed by the Tribunal. I have also gone through and
considered the relevant para of the judgment cited at the bar
by the learned advocate for the appellant.
6. It transpires that the Tribunal has rightly considered
all the relevant aspects and issues involved in the present
matter. Also, considering the meagre awarded amount of
Rs.2,74,600/- as well as taking into consideration that the
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C/FA/83/2013 ORDER DATED: 06/09/2024
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order of pay and recover has already been passed by the
concerned tribunal. Lastly, taking into consideration the
decision of the Hon'ble Apex Court in the case of New India
Assurance Co. Ltd. Vs. Kendra Devi reported in (2007) 14
SCC 299, more particularly, paragraph No.7, this Court is of
the opinion that no interference of this Court is required in
the present appeal and the same is required to be disposed
of.
7. Accordingly, the present appeal stands disposed of. Rule
is discharged. Interim relief, if any, granted earlier shall
stand vacated.
(SANDEEP N. BHATT,J)
SLOCK BAROT
