Gujarat High Court
Chottubhai Shamabhai Oad vs Ganibhai Valibhai Memon on 13 February, 2025
NEUTRAL CITATION
C/FA/3441/2013 ORDER DATED: 13/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3441 of 2013
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CHOTTUBHAI SHAMABHAI OAD
Versus
GANIBHAI VALIBHAI MEMON & ANR.
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Appearance:
MR R.K.MANSURI(3205) for the Appellant(s) No. 1
MR HARDIK C RAWAL(719) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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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 being aggrieved and dissatisfied with the judgment and
award dated 19.02.2013 passed by the Motor Accident Claims
Tribunal, Sabarkantha at Himmatnagar in Motor Accident Claim
Petition No.57 of 2010.
2. Brief facts of the case are as under:
2.1 On 09.09.2009, claimant was going towards home
Himatnagar driving his motorcycle in moderate speed and when
he reached near the place of accident, one ST Bus No.GJ-18-V-
8598 came in rash and negligent manner and dashed claimant.
As a result, the claimant sustained serious injuries. Therefore,
claimant filed claim petition seeking compensation.
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C/FA/3441/2013 ORDER DATED: 13/02/2025
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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
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 - ST
Corporation 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
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C/FA/3441/2013 ORDER DATED: 13/02/2025
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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
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.
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Particulars Amount (Rs.)
Future loss of income 2,36,250/-
Rs.3500/- per month + 25% prospective =
Rs.4375/- and considering 30% disability,
the amount would be Rs.1313/- and
applying 15 multiplier, the total amount
would be Rs.2,36,250/- (Rs.1313/- x 12 x
15)
Actual loss of income 21,000/-
Pain, shock and suffering 40,000/-
Medical expenses 12,000/-
Special diet, attendant charges, 25,000/-
transportation
Total... 3,34,250/-
Less : 30% self negligency of claimant 1,00,275/-
Less : Amount which is already awarded 1,23,900/-
Additional amount which is awarded 1,10,075/-
7. Therefore, I hold that the claimant is entitled to get the
enhanced compensation of Rs.1,10,075/- 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.
8. For the reasons recorded above, the following order is
passed.
8.1 The present appeal is partly allowed.
8.2 The ST Corporation is directed to deposit the enhanced
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C/FA/3441/2013 ORDER DATED: 13/02/2025
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amount Rs.1,10,075/- 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.
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 claimant, 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.
8.5 Record and proceedings be sent back to the concerned
Tribunal, forthwith.
(J. C. DOSHI,J)
SATISH
