Gujarat High Court
Manubhai Bhavsangbhai Chauhan vs Bacheta Ghanshyambhai Shrirambhai on 27 September, 2024
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C/FA/3798/2023 JUDGMENT DATED: 27/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3798 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE J. C. DOSHI
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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MANUBHAI BHAVSANGBHAI CHAUHAN
Versus
BACHETA GHANSHYAMBHAI SHRIRAMBHAI & ORS.
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Appearance:
MR YOGEN N PANDYA(5766) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 27/09/2024
ORAL JUDGMENT
1. The present First Appeal, under Section 173 of the
Motor Vehicles Act, 1988, is preferred by the appellant - original
claimant, being aggrieved and dissatisfied with the impugned
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common judgment and award dated 30.11.2017 passed by the
Motor Accident Claims Tribunal, Bhavnagar in Motor Accident
Claim Petition No.389 of 2006, by which the Tribunal has
awarded compensation of Rs.1,19,849/- with 9% per annum
interest to the claimant/s, holding opponents liable, jointly and
severally.
2. Brief facts of the case are as under:
2.1 That on 09.04.2006 at about 10.00 p.m., the
appellant and another person were returning from Ahmedabad
in Maruti Van No.GJ-4-AA-939. The appellant was driving the
said Maruti Van slowly and on correct side of the road and
another person accompanying him was sitting in the said Maruti
Van. When they reached near village Hadala, opponent No.I
drove his Utility Vehicle bearing registration No. GJ-18-T-3771
in rash and negligent manner endangering human life and
dashed with the Maruti Van. As a result of this accident, the
appellant sustained serious injuries and that fellow has died.
The appellant therefore, filed claim petition claiming
compensation of Rs.3,50,000/-.
2.2 Notices were served to the opponents. Opponent has
appeared and filed its written statement / objections, by
disputing all the averments made by the claimant in the claim
petition in their written statements.
2.3 The Tribunal has framed the issues. The oral as well
as documentary evidence were led by the rival parties before the
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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.
3.1 Learned advocate Mr.Pandya for the appellant/s -
claimant/s has submitted that the Tribunal has committed an
error in not properly calculating the amount of income, the
compensation under the heads of pain, shock and suffering,
special diet / transportation expenses and actual loss for one
month. He has submitted that amount of award is on lower side
as the Tribunal has not properly considered the various aspects;
like nature of accident, injuries and period of hospitalisation as
well as the duration of recovery. He has submitted that the
deceased was aged about only 44 years at the time of accident
and was a Principal. It is also submitted that learned Tribunal
has committed error in not granting medical expenses. He has
submitted that at the relevant point of time, his monthly income
was Rs.12,969/-. It is submitted that claimant was in hospital
as indoor patient and he had taken leave for 101 days and
therefore salary for 101 days may be granted. The claimant has
suffered disability of 24% and it is admitted by other side.
3.2 He has further submitted that in view of the catena of
decisions of the Hon'ble Apex Court, the Tribunal ought to have
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awarded compensation under the heads of actual loss, pain,
shock and suffering and special diet / transportation expenses.
3.3 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, Mr. Mazmudar learned advocate for
respondent - 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 the the applicant
has not examined the person issuing the certificate about the
salary. He has submitted that under the head of pain, shock and
suffering, the Tribunal has rightly awarded compensation. He
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
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irrespective of the amount claimed by the claimants.
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 Tribunal. From the record, it transpires
that the Tribunal has considered the age of the deceased as 44
years and was working as a Principal. The claimant was in
hospital for 10 days and therefore, salary to that extent is
required to be granted. The Tribunal has committed an error to
that extent only, which is required to be corrected in this appeal.
Therefore, looking to the facts of the case, Rs.93,360/- may be
granted as compensation for future income loss; and Rs.
43,000/- towards salary of 101 days.
6.2 Since there is no dispute with regard to the disability,
multiplier and medical expenses, this Court does not want to
interfere in it and the same is confirmed.
6.3 Further, under the head of pain, shock and suffering
and attendant charges / transportation expenses, as per the
various decisions of the Hon'ble Apex Court, it should be
awarded to the claimant.
6.4 Under the circumstances, and in view of the ratio laid
down by the Hon'ble Apex Court noted above, the claimants are
entitled to get more compensation as noted above. Hence, total
compensation would be as under, which the claimant/s is/are
entitled to get.
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Particulars Amount (Rs.)
Future loss of income 93,360/-
Pain, shock and suffering 27,500/-
Medical expenses 1,12,349/-
Special diet 7,500/-
Vehicle rent 12,000/-
Attendant, lodging and boarding expenses 10,000/-
Salary for 101 day 43,000/-
Total... 2,95,209/-
Less : Amount which is already awarded 1,19,849/-
Additional amount which is awarded 1,75,360/-
7. Therefore, I hold that the claimant/s are entitled to
get the total amount of compensation of Rs.2,95,209/-. Rest of
the direction(s) of the Tribunal remain same. The Tribunal has
already awarded Rs.1,19,849/-, therefore, remaining amount of
Rs.1,75,360/- with interest at the rate of 7.5% p.a. from the date
of filing of the petition till realization would be the enhanced
amount of compensation payable to the claimant/s.
8. For the reasons recorded above, the following order is
passed.
8.1 The appeal is partly allowed.
8.2 The Insurance Company is directed to deposit the
enhanced amount Rs.1,75,360/- with 7.5% p.a. interest 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.
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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/s, 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)
SATISH
