Gujarat High Court
Senma Ranjeet Bhikhabhai vs Dilipbhai Amratbhai Nayak on 28 January, 2025
NEUTRAL CITATION
C/FA/1394/2018 ORDER DATED: 28/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1394 of 2018
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SENMA RANJEET BHIKHABHAI
Versus
DILIPBHAI AMRATBHAI NAYAK & ORS.
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Appearance:
MR JM BAROT(143) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
UNSERVED EXPIRED (R) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 28/01/2025
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 20.02.2018 passed by the Motor Accident Claims
Tribunal, Mehsana in Motor Accident Claim Petition No.27 of
2013.
2. Brief facts of the case are as under:
2.1 The brief fact of the present appeal is such that on
22.08.2012, the claimant was travelling in Rixa bearing No.GJ-9-
X-6615 and when he reached near the place of accident, rixa
driver has lost control over steering and dashed with Tata Indica
car No.GJ-1-HA-199 coming from opposite side. Resultantly, the
claimant sustained severe injuries on different parts of the body.
NEUTRAL CITATION
C/FA/1394/2018 ORDER DATED: 28/01/2025
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3. Heard learned advocates appearing for the respective
parties.
4. In this enhancement appeal, it is argued by learned
advocate Mr.Barot appearing for the claimant that learned
Tribunal failed to consider the aspect that there are severe
injuries sustained by the claimant. He would further submit that
totalling disabilities, it would come to disability of 42.6% body as
a whole. Learned advocate Mr.Barot referred to the judgment of
Master Mallikarjun vs. Divisional Manager, National
Insurance Company Limited - 2014 (14) SCC 396, to submit
that in view of 42.6% partial disability, the claimant is entitled to
get Rs.4,00,000/- as compensation along with medical expenses
of Rs.15,100/- already assessed by the learned Tribunal. He
would further submit that in total the claimant is entitled to get
compensation of Rs.4,15,100/-. Therefore, he submits to
enhance the compensation from Rs.1,82,300/- to Rs.4,15,100/-
with interest.
5. On the other hand, learned advocate Mr.Nanavati for the
Insurance Company submits that different disabilities cannot be
clubbed together to reach at disability of body as a whole. Learned
Tribunal has rightly considered 42.6% disability. The amount of the
compensation may be enhanced in proportion of disability of 42.6%
as per the judgment of Master Mallikarjun (supra).
6. Having heard learned advocates for both sides, at the
outset, what could be noticed that weight is given to the
submission of learned advocate Mr.Barot that 42.6% permanent
partial disability is to be considered for claimant.
NEUTRAL CITATION
C/FA/1394/2018 ORDER DATED: 28/01/2025
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7. In view of judgment of Master Mallikarjun (supra), the
compensation of Rs.4,00,000/- is to be granted to the claimant
and in addition thereto, Rs.15,100/- towards compensation for
medical expenses is also granted to the claimant. In total, the
claimant is entitled to get compensation of Rs.4,15,100/-.
Learned Tribunal has granted compensation of Rs.1,82,300/-.
Therefore, the amount of compensation granted to the claimant
is enhanced by Rs.2,32,800/- with interest at 9% p.a. from the
date of petition till realization.
8. For the foregoing reasons, the appeal is partly-allowed.
The award is modified to the aforesaid extent.
8.1 The Insurance Company is directed to deposit the
enhanced amount Rs.2,32,800/- with 9% p.a. interest from the
date of claim petition till its realization before the concerned
Tribunal, within a period of eight weeks from the date of receipt
of this order.
8.2 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 claimant, by account payee cheque /
NEFT / RTGS, after proper verification and after following due
procedure.
8.3 While making the payment, the Tribunal shall deduct the
courts fees, if not paid, in accordance with rules/law.
8.4 Record and proceedings be sent back to the concerned
Tribunal, forthwith.
(J. C. DOSHI, J)
GAURAV J THAKER
