Gujarat State Road Transport ... vs Lhr Of Decd Aftabbhai Rafiqbhai Qureshi
2024 Latest Caselaw 8533 Guj

Gujarat High Court

Gujarat State Road Transport ... vs Lhr Of Decd Aftabbhai Rafiqbhai Qureshi on 9 September, 2024

                                                                                                                       NEUTRAL CITATION




                                C/FA/339/2023                                          ORDER DATED: 09/09/2024

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                  R/FIRST APPEAL NO. 339 of 2023
                                                              With
                                                R/CROSS OBJECTION NO. 201 of 2024
                                                                In
                                                  R/FIRST APPEAL NO. 339 of 2023

                       ==========================================================
                             GUJARAT STATE ROAD TRANSPORT CORPORATION THROUGH
                                                  CHAIRMAN
                                                    Versus
                                LHR OF DECD AFTABBHAI RAFIQBHAI QURESHI & ORS.
                       ==========================================================
                       Appearance:
                       MR HS MUNSHAW(495) for the Appellant(s) No. 1
                       MR ANKIT SHAH(6371) for the Defendant(s) No. 1.1,1.2,1.3
                       MR MAULIK J SHELAT(2500) for the Defendant(s) No. 5
                       RULE SERVED for the Defendant(s) No. 2,4
                       ==========================================================
                            CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                               Date : 09/09/2024

                                                                ORAL ORDER

1. The present First Appeal, under Section 173 of the

Motor Vehicles Act, 1988, is preferred by the appellant-

insurance company, being aggrieved and dissatisfied with the

impugned common judgment and award dated 29.9.2021

passed by the Motor Accident Claims Tribunal, Patan, in

Motor Accident Claim Petition No.136 of 2013, by which the

learned Tribunal has awarded compensation to the claimants

as stated in the impugned judgment and award to the

claimant/s, holding the opponent nos.1 to 4 liable to pay the

compensation and exonerating the opponent no.5-insurance

NEUTRAL CITATION

C/FA/339/2023 ORDER DATED: 09/09/2024

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company. The cross-objections are filed by the claimants

praying for enhancement of compensation.

2. In view of the judgment delivered by this Court

on 30.8.2024 passed in First Appeal Nos.327 of 2023 with

Cross-objections No.202 of 2024 and allied matters, this

appeal and cross-objections are partly allowed. The claimant

is entitled to the compensation as per the following:

                                                       Particulars                                Amount (Rs.)

                            Lumpsum amount                                                                 4,50,000/-

                            Loss of Estate, loss of consortium, funeral                                      50,000/-

                            expenses

                                                                                    Total...                 5,00,000/-

                            Less : Amount which is already awarded                                          1,51000/-

                                                                    Enhanced amount                        3,49,000/-

3. The present appeal and cross-objection are partly

allowed to the aforesaid extent by modifying the impugned

judgment and award passed in the claim petition by the

learned Tribunal.

4. The impugned judgment and award dated

29.9.2021 passed by the Motor Accident Claims Tribunal,

NEUTRAL CITATION

C/FA/339/2023 ORDER DATED: 09/09/2024

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Patan, in Motor Accident Claim Petition No.136 of 2013 is

modified to the extent that the claimant/s is/are entitled to

recover the amount of compensation (including the enhanced

amount by way of these appeal) with 9% p.a. interest from

the date of claim petition till its realization and proportionate

cost from the opponent nos.1 to 4 jointly and severally. The

original opponent no.2 - S.T. Corporation shall first deposit

the entire awarded amount, including the enhanced amount,

with interest and cost before the learned Tribunal within a

period of six weeks from today and it is open for the S.T.

Corporation to recover 60% of such deposited amount from

the driver and owner of Tata Ace (' chhota hathi') i.e.

opponent nos.3 and 4, in accordance with law.

5. On deposit of the said amount, the Tribunal shall

disburse the entire awarded amount with cost and interest, if

any, to the claimant/s, by account payee cheque/NEFT/RTGS,

after proper verification and after following due procedure.

6. While making the payment, the Tribunal shall

deduct the courts fees, if not paid, in accordance with

rules/law.

7. Record and proceedings be sent back to the

concerned Tribunal, forthwith.

(SANDEEP N. BHATT,J) SRILATHA