Gujarat High Court
Teraiya Hemalben Hareshbhai vs Ashrafbhai Yusufbhai Sama on 13 February, 2025
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C/FA/3855/2024 ORDER DATED: 13/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3855 of 2024
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TERAIYA HEMALBEN HARESHBHAI
Versus
ASHRAFBHAI YUSUFBHAI SAMA & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
NOTICE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 13/02/2025
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 dated 24.04.2024 in
M.A.C. Petition No. 28 of 2022, by which the tribunal awarded
compensation of Rs.6,67,900/- with 9% 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 on 11/11/2021 the
claimant was standing on the side of road with her father near
village Nana Jadra at that time, one truck bearing registraton
No. GJ-14-X-7575 came in rash and negligent manner, with full
speed, endangering human life from behind and dashed with the
claimant, so as a result thereof, the claimant sustained serious
and grievous injuries and her left leg crushed in wheel of said
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vehicle. It is alleged that, the accident has occurred due to
negligence on the part of driver of the said alleged offending
vehicle.
3. The claim petition came to be filed by the present
appellants claiming compensation of Rs.50,00,000/- from the
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 income as well as prospective income
while awarding the just and fair compensation. He has
submitted that since the injured was pursuing his study in
MBBS and therefore his income should be considered much
more than the rate of minimum wage prevailing at the time of
accident as also 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
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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
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 21 years and was
pursing his medical study in MBBS, the tribunal ought to have
considered the grant of income much more than the rate of
minimum wage and therefore Rs.15,000/- would be considered
as income and adding prospective income at 40% while
considering the income of victim at Rs.15,000/-. Therefore, it
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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, it would come to
Rs.8,39,160/- as future loss, which is required to be awarded to
the claimants. To be noted that, functional disability arrived at
by the learned tribunal at 18.5% is maintained as there is no
dispute on the said aspect.
9. Therefore, total compensation would be as under, which
the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future Loss of Income 8,39,160/-
Actual loss of income (four months) 60,000/-
Pain shock and suffering 20,000/-
Medical Expenses 4,50,000/-
Attendant and Special Diet 15,000/-
Total 13,84,160/-
Already awarded by the tribunal 6,67,900/-
Enhanced amount of compensation 7,16,260/-
10. Therefore, I hold that the claimants are entitled to get the
total amount of compensation of Rs.13,84,160/- with 9% 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.
11. For the reasons recorded above, the following order is
passed.
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12. The present appeal is partly allowed.
13.1 The Insurance Company is directed to deposit the
enhanced amount Rs.7,16,260/- 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.
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
