Gujarat High Court
Daud Iliyas Kumbhar vs Ishwargar Vishramgar Gunsai Since Died ... on 7 February, 2025
NEUTRAL CITATION
C/FA/361/2010 ORDER DATED: 07/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 361 of 2010
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DAUD ILIYAS KUMBHAR
Versus
ISHWARGAR VISHRAMGAR GUNSAI SINCE DIED HIS LEGAL HEIRS &
ORS.
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Appearance:
MR VISHAL MEHTA for MR MEHUL S SHAH(772) for the Appellant(s) No. 1
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6,1.7
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/02/2025
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor
Vehicles Act, 1988, is preferred by the appellant - original
claimant being aggrieved and dissatisfied with the judgment and
award dated 12.3.2009 passed by the Motor Accident Claims
Tribunal, Gandhidham in Motor Accident Claim Petition No.877
of 1999.
2. Brief facts of the case are that on 10.7.1996, the
claimant was travelling in a truck. However, the driver of the
truck was driving rashly and negligently and due to this, the
truck turned turtle and the claimant received injuries.
3. Learned advocate for the appellant - claimant has
submitted that the Tribunal has committed an error in not
properly calculating the amount of compensation. He has
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C/FA/361/2010 ORDER DATED: 07/02/2025
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submitted that amount of award is on lower side as the Tribunal
has not properly considered the various aspects; like pain, shock
and suffering, transportation, special diet, medical expenses etc.
3.1 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, learned advocate for respondent -
Insurance Company has submitted that the impugned judgment
and award passed by the Tribunal is just and proper and
therefore, he prays to dismiss the appeal.
5. Apt to note that the Motor Vehicle Act, 1988 is a
beneficial piece of Legislation. The concept of just and fair
compensation is integral and seminal to the MV Act. The
compensation to be awarded under the principle of just and fair
compensation to the injured of the road accident or the legal
representative/s of the deceased person is based on the principle
of fairness, reasonableness and equability. Anguish of the heart
or for mental turbulence being consequential result of the road
accident cannot be actually compensated, but the quint
essentiality lies in adopting holistic and pragmatic view to the
computation of the compensation for the loss sustained, which is
to be in the realm of realistic approximation. Although exact or
perfect arithmetical calculation of compensation for reparation of
the loss arrived from the road accident is almost impossible. The
Tribunal is bestowed with duty to make an endevour to award
just compensation regardless of the amount claimed by the
claimant. The determination of the quantum of compensation
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therefore, must be liberal and not niggardly since the law values
life and limb in a free country in generous scale. Needless to
state that money may be awarded, so that something tangible
may be procured to reach something else of the like nature,
which has been destroyed or lost, but money cannot renew
physical frame that has been battered and shattered being a
result of the road accident. Yet Tribunal to endavour to bring
back victim to stage of pre-road accident as far as possible
Thus, the award must be reasonable and cannot be assessed
with moderation though it cannot at the same time be pity and
what could be granted must be just, fair and equitable
compensation.
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 learned Tribunal. From the record, it
transpires that the learned Tribunal erred in considering the
monthly income of the claimant and even has not added future
prospective. The learned Tribunal has also erred in giving
compensation under the head of pain, shock and suffering,
medical, amenities etc.
6.2 Therefore, total compensation would be as under, which
the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future loss of income 29,484/-
Pain, shock and suffering, Medical expenses, 12,000/-
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Special diet, attendant charges,
transportation
Actual loss of income 1500/-
Total... 42,984/-
Less : Amount which is already awarded 26,300/-
Additional amount which is awarded 16,684/-
7. Therefore, I hold that the claimant is entitled to get
the enhanced compensation of Rs.16,684/- with 9% p.a. interest
from the date of filing the claim petition till its realisation, which
would meet the ends of justice.
8. For the reasons recorded above, the following order is
passed.
8.1 The present appeal is partly allowed.
8.2 The Insurance Company is directed to deposit the
enhanced amount Rs.16,684/- with 9% 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.
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 claimants, 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.
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8.5 Rest of the direction(s) of the Tribunal remain same.
8.6 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
