Gujarat High Court
Dharamsinh Madhurbhai Vazarar vs Ranjitsing Gurubaxsing Jaat on 5 February, 2025
NEUTRAL CITATION
C/FA/4672/2023 ORDER DATED: 05/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4672 of 2023
==========================================================
DHARAMSINH MADHURBHAI VAZARAR
Versus
RANJITSING GURUBAXSING JAAT & ORS.
==========================================================
Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 05/02/2025
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor
Vehicles Act, 1988, is preferred by the appellant - original
claimant challenging the judgment and award passed by the
Learned Motor Accident Claims Tribunal, Limkheda dated
02.11.2022 in M.A.C. Petition No. 1958 of 2017, by which the
tribunal awarded compensation of Rs.1,57,823/- with 8%
interest to the claimants from the date of application till its
realization, holding insurance company liable.
2. The brief facts of the case are that accident that while the
applicant alongwith his wife was going by walking on the side of
the road, at that time, opponent no.1 came with tanker bearing
Registration No.GJ-12-AU-6359 in rash and negligent manner
and dashed with the claimant who sustained serious injuries.
3. The claim petition came to be filed by the present
appellants claiming compensation of Rs.4,00,000/- from the
NEUTRAL CITATION
C/FA/4672/2023 ORDER DATED: 05/02/2025
undefined
respondents wherein the tribunal was considering oral as well as
documentary evidence led by the parties and submissions made
at the bar partly allowed the claim petition by awarding
compensation as noted above.
4. Heard learned advocates for the parties.
5. Learned advocate Mr.Bhalodi for the appellant - claimant
has submitted that the tribunal has committed an error in not
properly calculating the amount of prospective income while
awarding the just and fair compensation. He has submitted that
since the injured was involved in the centering and agriculture
work, the amount under the head of future prospect is required
to be enhanced.
5.1 He has submitted that the compensation is required to be
enhanced by modifying the award impugned accordingly and
this appeal may be allowed.
6. Per contra, Mr.Raval, 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 injured, the
age of the injured and the dependency. He has submitted that
considering the nature of injury, the tribunal has awarded just
and fair compensation and this appeal may be dismissed and no
interference be made by this Court.
7. It is noteworthy to mention that the provisions of the Motor
NEUTRAL CITATION
C/FA/4672/2023 ORDER DATED: 05/02/2025
undefined
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
irrespective of the amount claimed by the claimants.
8. 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 learned Tribunal. From the record, it
transpires that the injured was aged about 28 years and was
doing centering and agriculture work and considering the age of
the victim, the tribunal ought to have considered the grant of
prospective income at 40% while considering the income of
victim at Rs.4,000/-. Therefore, it would meet the ends of justice
if 40% prospective income is added per month as per the ratio
laid down by the Hon'ble Apex Court in the case of Sarla Verma
versus Delhi Transport Corporation reported in (2009) 6 SCC
121. With the volition of both the parties, the functional
disability assessed by the tribunal at 14% is continued to
maintain. Thus, the future loss of income would come to
Rs.2,05,632/-, which is required to be awarded to the claimants.
9. To be noted further that considering the nature of injuries
NEUTRAL CITATION
C/FA/4672/2023 ORDER DATED: 05/02/2025
undefined
sustained by the victim, the amount awarded under the head of
PSS is also required to be enhanced and accordingly it is
enhanced to Rs.20,000/-
10. Therefore, total compensation would be as under, which
the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future Loss of Income [Rs.4,000/- + 40% 2,05,632/-
prospective income and 18% thereof
functional disability (x) 12 (x) 17 (multiplier)]
Actual loss of income for three months 12,000/-
Pain shock and suffering 20,000/-
Medical Expenses 38,523/-
Attendant and Special Diet 15,000/-
Total 2,91,155/-
Already awarded by the tribunal 1,57,823/-
Enhanced amount of compensation 1,32,332/-
11. Therefore, I hold that the claimants are entitled to get the
total amount of compensation of Rs.2,91,155/-with 8% p.a.
interest from the date of filing the claim petition till its
realisation, which would meet the ends of justice. Rest of the
direction(s) of the Tribunal remain same.
12. For the reasons recorded above, the following order is
passed.
13. The present appeal is partly allowed.
NEUTRAL CITATION
C/FA/4672/2023 ORDER DATED: 05/02/2025
undefined
13.1 The Insurance Company is directed to deposit the
enhanced amount Rs.1,32,332/- with 8% p.a. interest from the
date of claim petition till its realization before the concerned
Tribunal, within a period of six weeks from the date of receipt of
this order.
13.2 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 claimants, by account payee cheque /
NEFT / RTGS, after proper verification and after following due
procedure.
13.3 While making the payment, the Tribunal shall deduct the
courts fees, if not paid, in accordance with rules/law.
13.4 Record and proceedings be sent back to the concerned
Tribunal, forthwith.
(J. C. DOSHI,J)
sompura
