Gujarat High Court
Milankumar Arvindbhai Sirodariya vs Vaza Jiteshbhai Govindbhai on 2 January, 2025
NEUTRAL CITATION
C/FA/1878/2016 ORDER DATED: 02/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1878 of 2016
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MILANKUMAR ARVINDBHAI SIRODARIYA
Versus
VAZA JITESHBHAI GOVINDBHAI & ORS.
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Appearance:
KURVEN K DESAI(7786) for the Appellant(s) No. 1
MR AMAR D MITHANI(484) for the Defendant(s) No. 1,2
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
MR R G DWIVEDI(6601) for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 02/01/2025
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 23.11.2015 passed by the Motor Accident Claims
Tribunal, Junagadh in Motor Accident Claim Petition No.231 of
2006.
2. Brief facts of the case are as under:
2.1 On 05.01.2006 at about 10.30 pm, the claimant was
going on Motorcycle No.GJ-11-CC-3499 from Junagadh to
Timbawadi and when he reached near the place of accident,
Luxury Bus No.GJ-11-TT-1717 came in rash and negligent
manner and dashed with motorcycle and thereby, the claimant
received serious injuries.
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C/FA/1878/2016 ORDER DATED: 02/01/2025
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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 no.3 -
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
NEUTRAL CITATION
C/FA/1878/2016 ORDER DATED: 02/01/2025
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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
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 claimants/s is/are entitled to get.
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C/FA/1878/2016 ORDER DATED: 02/01/2025
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Particulars Amount (Rs.)
Loss of income 1,45,152,/-
Rs.2400/- per month + 40% rise =
Rs.40,320/- per year and considering 20%
disability, annual loss would be Rs.8064/-
and applying 18 multiplier, the amount
would be Rs.1,45,152/-
Pain, shock and suffering 15,000/-
Medical expenses 3,000/-
Special diet attendant 15,000/-
Loss of work (3 months) 7200/-
Total... 1,85,352/-
Less : 30% negligence of claimant 55,605/-
Less: compensation already awarded by 64,600/-
Tribunal
Additional amount which is awarded 65,147/-
7. Therefore, I hold that the claimants are entitled to get
the enhanced compensation of Rs.65,147/- 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.
8. For the reasons recorded above, the following order is
passed.
8.1 The present appeal is partly allowed.
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8.2 The respondent no.3 - 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 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.
8.5 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SATISH
