Gujarat High Court
Yasmibanu Firojbhai Shaikh vs Ismailbhai Mahamadbhai Malek on 12 February, 2025
NEUTRAL CITATION
C/FA/473/2013 ORDER DATED: 12/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 473 of 2013
==========================================================
YASMIBANU FIROJBHAI SHAIKH & ORS.
Versus
ISMAILBHAI MAHAMADBHAI MALEK & ORS.
==========================================================
Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5,6
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
NOTICE UNSERVED for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 12/02/2025
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor
Vehicles Act, 1988, is preferred by the appellants being aggrieved
and dissatisfied with the judgment and award dated 11.1.2012
passed by the Motor Accident Claims Tribunal, Vadodara in
Motor Accident Claim Petition No.2104 of 2003.
2. Brief facts of the case are as under:
2.1 The brief fact of the present appeal is such that the
husband of the appellant no.1 namely Firojbhai Sabbirbhai
Shaikh (herein after called as deceased) on 18/11/2003 was
proceeding from Village Padra to village Jambusar as a cleaner
by the vehicle Eicher Truck No. GJ-6-V-5863 and when the said
vehicle reached at near village Uchhad, at that time the
respondent no.1 being driver of the Eicher has driven the said
NEUTRAL CITATION
C/FA/473/2013 ORDER DATED: 12/02/2025
undefined
vehicle in rash and negligent manner and in excessive speed and
due to that he lost control over the Truck and dashed with the
Toyota Qualish, which was coming from opposite direction. It is
submitted that due to this accident the deceased sustain fatal
injuries, he admitted in SSG Hosptial but after two days on
20/11/2003 he died due to injuries. Therefore the appellants
have prayed the compensation to the tune of Rs. 7,00,000/-for
unnatural death against the present respondent by way of filing
claim petition before the learned Tribunal.
3. Learned advocate for the appellants - claimants has
submitted that the Tribunal has committed an error in not
properly calculating the amount of compensation. He has
submitted that amount of award is on lower side as the Tribunal
has not properly considered the various aspects; like prospective
income of the deceased, negligence, liability and family
circumstances, 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. 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 under the head of loss of estate
and funeral expenses, the Tribunal has rightly awarded
NEUTRAL CITATION
C/FA/473/2013 ORDER DATED: 12/02/2025
undefined
compensation. He has submitted that the amount under the
head of loss of consortium is just and proper. He has submitted
that this appeal may be dismissed and no interference be made
by this Court.
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
claimants. The determination of the quantum of compensation
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
NEUTRAL CITATION
C/FA/473/2013 ORDER DATED: 12/02/2025
undefined
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 has erred in not adding the
future prospects. Further, considering the ratio laid down by the
Hon'ble Apex Court in the case of National Insurance Company
Ltd. Vs. Pranay Shethi reported in (2017) 16 SCC 680, the
general and non-pecuniary damages, Rs.18,150/- each towards
loss of estate and funeral expenses should be awarded. Towards
loss of consortium, there are four dependents and therefore,
Rs.48,400/- to each dependent should be awarded as per the
decision of the Hon'ble Apex Court in the case of United India
Insurance Co. Ltd., versus Satinder Kaur @ Satwinder Kaur
reported in (2021) 11 SCC 780.
6.2 Therefore, total compensation would be as under, which
the claimants/s is/are entitled to get.
Particulars Amount (Rs.)
Future dependency Loss 5,35,500/-
Loss of Estate, consortium & funeral 3,26,700/-
expenses
NEUTRAL CITATION
C/FA/473/2013 ORDER DATED: 12/02/2025
undefined
Total... 8,62,200/-
Less: compensation already awarded 2,31,700/-
Additional amount which is awarded 6,30,500/-
7. Therefore, I hold that the claimantss are entitled to
get the enhanced compensation of Rs.6,30,500/- with 7,5% 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 with interest as stated herein above within a
period of six weeks from the date of receipt of this order.
8.3 The claimants are entitled to recover the amount of
compensation jointly and severally from any of the wrongdoers
as per the ratio assessed by the learned Tribunal, as the
wrongdoers are joined as opponents in the claim petition and
their inter se negligency are decided by the learned Tribunal,
upheld by this Court.
8.4 The wrongdoers who is paying amount excess than
his liability will be entitled to recover the same from the other
wrongdoer. [See Khenyei Versus New India Assurance Company
Limited, 2015 (9) SCC 273].
NEUTRAL CITATION
C/FA/473/2013 ORDER DATED: 12/02/2025
undefined
8.5 The United Insurance Company Limited which is
indemnifying the risk of the offending vehicle Eicher truck would
be entitled to recover the amount of compensation, if paid excess
than its liability from the owner and driver of the Eicher truck by
executing this judgment.
8.6 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.
8.7 While making the payment, the Tribunal shall deduct
the courts fees, if not paid, in accordance with rules/law.
8.8 Rest of the direction(s) of the Tribunal remain same.
8.9 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
