Gujarat High Court

Divisional Controller vs Bhimabhai Nangubhai Parmar (Bhil) on 21 April, 2025

                                                                                                              NEUTRAL CITATION




                             C/FA/599/2013                                  JUDGMENT DATED: 21/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                 R/FIRST APPEAL NO. 599 of 2013


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE DEVAN M. DESAI

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                                   Approved for Reporting                   Yes           No

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                                                  DIVISIONAL CONTROLLER
                                                           Versus
                                             BHIMABHAI NANGUBHAI PARMAR (BHIL)
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                       Appearance:
                       MR HARDIK C RAWAL(719) for the Appellant(s) No. 1
                       RULE SERVED for the Defendant(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                        Date : 21/04/2025

                                                       ORAL JUDGMENT

1. The present First Appeal is filed by appellant -

original opponent against the judgment and award dated

29.02.2012 passed by the learned Motor Accident Claims

Tribunal (Aux.), Additional District Judge, Panchmahals at

Godhra in MACP No.617 of 2006, wherein the learned

Tribunal has partly allowed the claim petition.

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2. Heard learned advocate Mr.Hardik Rawal for

appellant - Gujarat State Road Transport Corporation.

Though served, none appeared for respondent - original

claimant.

3. Brief facts of the case are as under:

3.1 On 17.03.2005, at about 16.30 hours, claimant

was walking on the road side of his village Varamkheda.

On the way to his farm, a bus bearing registration No. GJ-

18-V-3828 belonging to the Gujarat State Road Transport

Corporation being driven by driver of S.T.Bus in very rash

and negligent manner hit claimant from behind. As a

result, claimant fell down on the road and bus ran over

his leg. Due to the accident, his right leg was crushed and

had to be amputated.

3.2 The claimant filed a claim petition claiming

compensation of Rs.8,00,000/- from Opponent - Gujarat

State Road Transport Corporation. Opponent appeared and

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filed Written Statement at Ex.10 and denied its liability.

Claimant examined himself at Ex.19 and produced copy of

complaint, panchnama at the place of accident, injury

certificate, disability certificate, medical bills, and other

relevant documents in support his claim petition. After

considering the evidence on record, learned Tribunal partly

allowed the claim petition awarding compensation of

Rs.7,63,000/- with interest at the rate of 9% per annum

from the date of petition till realization.

3.3 Being aggrieved and dissatisfied with the

impugned judgment and award, appellant - original

opponent is before this Court for quantum of

compensation.

4. Learned advocate for the appellant has submitted

that the learned Tribunal has considered the disability

certificate and considering the fact that right leg of

claimant was amputated from mid-thigh due to a crush

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injury and granted compensation on higher side. Learned

Tribunal has awarded exorbitant amount of compensation,

rate of interest granted at 9% is on the higher side and

the same is required to be modified to a reasonable extent.

Except above, no other submissions are canvassed by

learned advocate for the appellant.

5. I have considered the submissions canvassed by

learned advocate for the appellant and perused the record

and proceedings. The accident occurred when claimant was

walking on the road side, S.T.Bus came from behind and

dashed with the claimant. Resultantly, claimant sustained

serious injuries including amputation of his right leg from

mid-thigh. Undisputedly, the claimant was aged about 30

years at the time of accident and was engaged in masonry

work. Learned Tribunal assessed Rs.3,000/- per month as

per the rate of minimum wages. However, it appears that

addition of prospective income is not considered by

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learned Tribunal. It is well settled that compensation

petition under Motor Vehicles Act are intended to benefit

the victim or heirs of deceased. In the present case, the

driver did not explain with regard to cause of accident and

in absence of contrary evidence, learned Tribunal found

sole negligence for the accident of driver of S.T. Bus. No

material has been brought to the notice of this Court to

disturb the findings of the learned Tribunal, therefore, I do

not find reason to interfere with the determination of

negligence.

6. The next question for consideration is assessment

of monthly income of claimant. As per the disability cer-

tificate issued by General Hospital, Dahod age of claimant

is shown as 30 years. Learned Tribunal applied multiplier

of 17. While considering the monthly income of claimant,

learned Tribunal failed to award compensation by adding

40% towards prospective income. The question of awarding

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prospective income is well settled as per the decision of

National Insurance Co. Ltd. Vs. Pranay Sethi & Ors. reported

in (2017) 16 SCC 680, 40% prospective income is required

to be added considering the age of claimant. Hence, total

income of the claimant comes to Rs.4,200/- (Rs.3000 +

40%).

Undisputedly, fact is coming out from the record

and more particularly from medical certificate at Ex.16 and

photographs of claimant on record marked as 13/6, indi-

cate that the claimant suffered an amputation of right leg.

The photographs clearly indicate physical condition and

appearance of the claimant after amputation of leg. It

would be difficult for claimant to do the mason work

which he was doing prior to the accident. The work of

mason is purely a labour work. Due to amputation of leg,

claimant would not be able to carry on the work in fu-

ture. Considering the physical condition of claimant, as-

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sessment of 100% functional disability is just and proper

and no interference is required in this regard.

7. Though, I am fully conscious about the fact that

the present First Appeal has been filed by the Gujarat

Road Transport Corporation and no appeal for en-

hancement is filed by the claimant. This Court can

certainly enhanced compensation in the appeals filed by

Insurance Company, if it is found that just and reasonable

compensation has not been awarded by Tribunal.

Considering the facts found on record, it would be just

and reasonable to modify the judgment and award by

enhancing compensation on the ground of prospective in-

come.

8. In view of the aforesaid discussions, original

claimant is entitled to the following amount of

compensation:-

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Under the Head of Compensation of Rs.

                       Future loss of income

                       Monthly income =               Rs.      3,000/-

                       Prospective income 40%
                       (Rs.3000 + 40%) =    Rs.                4200/-

                       Disability 100%

                       (Rs.4200 x 12 x 17) = Rs. 8,56,800/-                                   8,56,800/-

                       Actual loss of income                                                       9,000/-
                       Pain, shock and suffering                                                 50,000/-
                       Loss of amenities                                                         50,000/-
                       Medical expenses                                                          41,000/-
                       Special diet                                                              10,000/-
                       Grand Total                                                          10,16,800/-
                       Less    awarded      amount                     of                     7,63,000/-
                       compensation by Tribunal

                       Enhanced amount                                                        2,53,800/-
                       (Rs.10,16,800 - Rs.7,63,000/-)=
                       Interest                                                                     @7.5%

9. The respondent - original claimant is entitled to

enhanced amount of compensation of Rs.2,53,800/- @

7.5% per annum from the date of claim petition till

realization from opponent - Gujarat State Road Transport

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Corporation.

10. The Gujarat State Road Transport Corporation

is directed to deposit enhanced amount of compensation

with interest as above within a period of 4 Weeks from

the date of receipt of this order.

11 Upon such deposit, it will be open to the

claimant to approach the learned Tribunal for appropriate

orders for withdrawal. The learned Tribunal shall disburse

the same after proper identification and verification by

following due procedure.

12 While making the payment, learned

Tribunal/Court shall deduct the Court Fess, if not paid, in

accordance with prevailing Rule.

13. The present First Appeal stands disposed of

accordingly. The judgment and award dated 29.02.2012

passed by the learned Motor Accident Claims Tribunal

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(Aux.), Additional District Judge, Panchmahals at Godhra

in MACP No.617 of 2006, is modified to the aforesaid

extent. Award be drawn accordingly by learned Tribunal.