Gujarat High Court
Ramilaben Bhagubhai Rawal vs Danabhai Mulabhai Sagathia on 10 January, 2025
NEUTRAL CITATION
C/FA/2318/2009 ORDER DATED: 10/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2318 of 2009
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RAMILABEN BHAGUBHAI RAWAL
Versus
DANABHAI MULABHAI SAGATHIA & ORS.
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Appearance:
MR CJ VIN(978) for the Appellant(s) No. 1
MR PARAM R BUCH(5625) for the Defendant(s) No. 1
MR SUNIL B PARIKH(582) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 4,5
RULE UNSERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/01/2025
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 20.04.2007 passed by the Motor Accident Claims
Tribunal, Nadiad in Motor Accident Claim Petition No.305 of
2003.
2. Brief facts of the case are as under:
2.1 The brief fact of the present appeal is such that on
16.11.2002, the claimant was travelling in Rickshaw and she
hired another rickshaw No.GJ-1-U-6311 for carrying goods.
Thereafter, the rickshaw in which claimant was travelling was
stopped to arrange the goods lying in another rickshaw hired for
goods. At that time, one car bearing No.GJ-11-E-9060 came in
rash and negligent manner and dashed with the goods vehicle.
NEUTRAL CITATION
C/FA/2318/2009 ORDER DATED: 10/01/2025
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As a result, the accident took place and claimant sustained
severe injuries. Therefore, offence to that effect is registered
before the Bilkha Police Station vide FIR being I-C.R.No.42 of
2002. The claimant has filed aforestated claim petition under
Section 166 of the Motor Vehicle Act, 1988 claiming
compensation of Rs.2,00,000/-. The learned Tribunal vide
impugned judgment and award dated 20.04.2007 has granted
compensation to the tune of Rs.33,660/-. Hence, the present
appeal.
3. Having heard learned advocates appearing for both side
and considering the facts and circumstances as well as evidence
produced on record by both parties, what could be noticeable
that claimant has received fracture on right leg. Learned
Tribunal in the claim petition which has been filed in 2003
pleased to pass the award of Rs.20,160/- towards loss of future
earning, Rs.7,500/- towards pain, shock and suffering,
Rs.3,000/- towards medical expenses, Rs.1500/- has been
granted towards special diet, attendance and transportation and
one month actual loss has been assessed at Rs.1500/-, in total
Rs.33,660/- has been granted to the claimant. Considering the
aspect that the claimant has suffered fracture on right leg,
according to this Court, learned Tribunal ought to have granted
Rs.50,000/- towards compensation to the claimant under global
head. Accordingly, while allowing this appeal, I grant
Rs.50,000/- as global compensation to the claimant. The
interest granted by learned Tribunal at 7.5% p.a. from the date
of petition till realization is maintained.
NEUTRAL CITATION
C/FA/2318/2009 ORDER DATED: 10/01/2025
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4. In wake of above reasons, the appeal is partly-allowed.
The claimant would be entitled to get additional compensation of
Rs.16,340/- (Rs.50,000/- minus Rs.33,660/- already granted)
with 7.5% p.a. interest from the date of claim petition till its
realization, jointly and severally from all opponents. However,
inter se negligence of the drivers of both vehicles is not
disturbed.
4.1 The Insurance Company is directed to deposit the
enhanced amount with interest as stated hereinabove before the
concerned Tribunal, within a period of four weeks from the date
of receipt of this order.
4.2 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.
4.3 While making the payment, the Tribunal shall deduct the
courts fees, if not paid, in accordance with rules/law.
4.4 Record and proceedings be sent back to the concerned
Tribunal, forthwith.
(J. C. DOSHI, J)
GAURAV J THAKER
