Gujarat High Court
Janiben Fatesing Rathwa vs Hasmukh Rajubhai Rathwa on 29 January, 2025
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C/FA/2705/2016 ORDER DATED: 29/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2705 of 2016
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JANIBEN FATESING RATHWA
Versus
HASMUKH RAJUBHAI RATHWA & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Defendant(s) No. 2
MR SUNIL B PARIKH(582) for the Defendant(s) No. 3
MS CHETNABEN JOSHI(2313) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 29/01/2025
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 01.10.2015 passed by the Motor Accident Claims
Tribunal, Chhotaudepur at Vadodara in Motor Accident Claim
Petition No.1679 of 2005.
3. Learned advocate for the appellant - claimant has
submitted that the Tribunal has committed an error in not
properly calculating the amount of compensation. It is submitted
that learned Tribunal has granted compensation of
Rs.1,10,000/- against Rs.2,00,000/- and committed error in not
considering disability factor which is at 28% and was required to
assess the compensation accordingly. He has submitted that the
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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 - 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
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,
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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. Finding of learned Tribunal having been re-appreciated by
this Court would indicate that learned Tribunal has committed
error in grant compensation of Rs.1,10,000/- in case where
claimant has suffered permanent partial disability of 28% body
as whole. The claimant was labourer in agricultural field and
sustained injury. His physical body has been shattered due to
28% disability body as whole and may have adverse impact on
his earning capacity. The compensation awarded by learned
Tribunal in tune of Rs.1,10,000/- is on lower side, which
requires to be enhanced by adding global amount of Rs.50,000/-
towards compensation. Thus, the claimant would be entitled to
get total total compensation of Rs.1,60,000/-.
7. In view of above, appeal is partly allowed. The amount of
compensation, as awarded by the tribunal is enhanced to
Rs.1,60,000/- instead of Rs.1,10,000/- which shall be recovered
jointly and severally from opponents. The said amount shall
carry interest @ 9% p.a. from the date of Claim Petition till
realization.
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8. Sequel of above order, the Insurance Company is directed
to deposit the amount of Rs.1,60,000/- 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.
9. 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.
10. While making the payment, the Tribunal shall deduct the
courts fees, if not paid, in accordance with rules/law.
11. Record and proceedings be sent back to the concerned
Tribunal, forthwith.
(J. C. DOSHI,J)
SATISH
