Gujarat High Court
United India Insurance Co.Ltd vs Sangitaben Wd/O. Kannubhai Bhulabhai ... on 12 September, 2024
NEUTRAL CITATION
C/FA/3113/2006 JUDGMENT DATED: 12/09/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3113 of 2006
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
==========================================================
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 ?
==========================================================
UNITED INDIA INSURANCE CO.LTD
Versus
SANGITABEN WD/O. KANNUBHAI BHULABHAI PANCHAL & ORS.
==========================================================
Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
MR MAULIK J SHELAT(2500) for the Defendant(s) No. 7
NOTICE ISSUED BY PUBLICATION for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 2,4,6
UNSERVED EXPIRED (R) for the Defendant(s) No. 1,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 12/09/2024
ORAL JUDGMENT
1. The present First Appeals, under Section 173 of
NEUTRAL CITATION
C/FA/3113/2006 JUDGMENT DATED: 12/09/2024
undefined
Motor Vehicles Act, 1988, are preferred by the appellant -
insurance company - original opponent No.2, being aggrieved
by and dissatisfied with the impugned judgment and award
dated 18.04.2006 passed by the Motor Accident Claims
Tribunal (Main), Sabarkantha at Himmatnagar in Motor
Accident Claim Petition No.1271 of 1997, by which the
Tribunal has awarded compensation of Rs.2,95,000/- with 9%
per annum interest from the date of filing claim petition till
December, 2000 and thereafter at the rate of 6% per annum
till its realization, to the claimant/s, holding Opponents No.1
and 2 i.e. driver-cum-owner and insurance company of the
Rickshaw bearing registration No.GJ-9-T-7565 liable, jointly
and several. It is noted that the claim petition is dismissed
against opponents No.3 and 4 i.e. driver-cum-owner and
insurance company of the Jeep bearing registration No.GJ-9-
B-2820.
2. Brief facts of the case, as per claimant/s, are as
under :
2.1 That on 28.07.1997 at about 14:00 hours, deceased
- Kanubhai was going in Rickshaw bearing registration
No.GJ-9-T-7565 with his luggage-clothes as a keeper of his
goods and the rickshaw driver was driving his rickshaw on
Gambhoi-Himmatnagar Road. When the said rickshaw reached
NEUTRAL CITATION
C/FA/3113/2006 JUDGMENT DATED: 12/09/2024
undefined
near stand of Karanpur village on Shamlaji - Himmatnagar
National Highway No.8, at that time, opponent No.3 i.e.
driver of the Jeep bearing registration No.GJ-9-B-2820, who
was driving his jeep with full speed in rash and negligent
manner, had all of a sudden applied the brakes of the jeep
and rickshaw driver which was coming behind the jeep could
not control his rickshaw and had dashed his rickshaw on the
back of the jeep. As a result, the deceased sustained serious
injuries and ultimately, deceased succumbed to the injuries.
Therefore, the legal heirs of the deceased i.e. widow, one
minor daughter and parents have filed claim petition seeking
compensation with cost and interest for unnatural and
untimely death against the respondents before the Tribunal.
2.2 Notices were served to the opponents. Opponents
No.1 & 3 i.e. driver-cum-owner of the rickshaw and jeep,
respectively, have chosen not to appear and contest the claim
petition. Opponent No.2 & 4 i.e. insurance companies of the
rickshaw and jeep, respectively, have appeared and filed their
written statements / objections, by disputing all the
averments made by the claimants in the claim petition.
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
NEUTRAL CITATION
C/FA/3113/2006 JUDGMENT DATED: 12/09/2024
undefined
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 appellant - insurance company for
exoneration.
3. Learned advocate Mr. Palak Thakkar for the
appellant - insurance company (original opponent No.2) has
mainly raised two contentions before this Court. Firstly,
liability to pay compensation under the insurance policy and
secondly, the quantum. He has submitted that the Tribunal
has observed that there is not a single iota of evidence on
record which could establish that deceased was travelling in
the goods vehicle rickshaw as the keeper of the goods and
therefore, the insurance company is not liable to pay any
amount of compensation. He has further submitted that there
is no documentary evidence in respect of the income, even
though the Tribunal has considered Rs.15,000/- income of the
deceased per annum. He has submitted this appeal may be
allowed.
4. Per contra, learned advocate Mr. Maulik Shelat for
NEUTRAL CITATION
C/FA/3113/2006 JUDGMENT DATED: 12/09/2024
undefined
the contesting respondents / original claimants has submitted
that the Tribunal has rightly passed the impugned judgment
and award. He has submitted that the impugned judgment
and award is just and proper, qua the observations with
regard to negligence and liability. He has submitted that the
Tribunal has rightly passed the order of pay and recover
while allowing the claim petition. He has submitted that He
has submitted that the Tribunal has properly awarded
compensation and no interference be made by this Court. He
has submitted that the appeal may be dismissed.
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. It also
endeavors to make good the human suffering to the extent
possible and to also save families which have lost their
breadwinners from being pushed to wandering. 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
NEUTRAL CITATION
C/FA/3113/2006 JUDGMENT DATED: 12/09/2024
undefined
claimants.
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 Tribunal.
6.1 The contentions raised by the learned advocate for
the appellant - insurance company are mainly that the
claimants are not entitled to receive compensation under the
insurance policy and the quantum.
6.2 With regard to first contention that the insurance
company is not liable to pay the compensation to the
claimants is concerned, from the record, it transpires that the
accident has occurred solely due to the negligence on the
part of the rickshaw driver. The rickshaw dashed with the
Jeep from behind, which was in stationary condition. The
deceased was travelling in a rickshaw along with the goods -
clothes for sale, which it is apparent from the panchnama.
Further, it transpires that the charge-sheet is filed against
the driver of the rickshaw and not against the jeep driver.
There is no dispute that the rickshaw has no insurance.
Further, it was a composite negligence qua the deceased /
claimants. Under the circumstances, the Tribunal has rightly
NEUTRAL CITATION
C/FA/3113/2006 JUDGMENT DATED: 12/09/2024
undefined
observed and allowed the claim petition.
6.3 With regard to second contention about the
quantum is concerned, from the record, it transpires that the
deceased was of a tender age - 25 years and was doing
business of door to door cloth selling and was earning
Rs.5,000/- per month. The deceased was maintaining his
family; consisting widow, minor girl and parents. Therefore,
looking to the vocation and the year of incident as well as
the fact that the deceased was maintaining his entire family,
the Tribunal has rightly considered the income of the
deceased for awarding compensation, which is just and proper
and no interference needs to be made qua the quantum.
6.4 Further, the Tribunal has rightly passed the order
of pay and recover. At this stage, it would be fruitful to
refer to the decision of the Hon'ble Apex Court in the case
of Khenyei versus New India Assurance Company Limited
reported in (2015) 9 SCC 273.
7. In view of above and considering the ratio laid
down in the various decisions by the Hon'ble Apex Court, the
Tribunal has awarded just and proper compensation to the
claimants. There is no error committed by the Tribunal while
awarding compensation, that too while deciding negligence,
liability and quantum. There is no infirmity in the impugned
NEUTRAL CITATION
C/FA/3113/2006 JUDGMENT DATED: 12/09/2024
undefined
award passed by the Tribunal. This appeal therefore needs to
be dismissed.
8. For the reasons recorded above, the following order
is passed.
8.1 The present appeal is dismissed.
8.2 The Insurance Company 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 Tribunal, within a period of six
weeks from the date of receipt of this order. Rest of the
direction(s) of the Tribunal remain same. It would be open
for the Insurance Company to recover the proportionate
amount, if any, from the owner of the rickshaw i.e. original
opponent No.1, in accordance with law.
8.3 It is reported that some of the claimant/s have
expired and other claimants are on record. Therefore, 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
surviving claimant/s, by account payee cheque / NEFT /
NEUTRAL CITATION
C/FA/3113/2006 JUDGMENT DATED: 12/09/2024
undefined
RTGS, after proper verification and after following due
procedure.
8.4 While making the payment, the Tribunal shall
deduct the court fees, if not paid, in accordance with
rules/law.
8.5 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(SANDEEP N. BHATT,J)
M.H. DAVE
