Gujarat High Court
Manjulaben Dayabhai Kotadiya vs Gautambhai Pravinbhai Domadiya on 30 January, 2025
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C/FA/3669/2024 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3669 of 2024
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MANJULABEN DAYABHAI KOTADIYA & ORS.
Versus
GAUTAMBHAI PRAVINBHAI DOMADIYA & ORS.
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Appearance:
MR. HEMAL SHAH(6960) for the Appellant(s) No. 1,2,3
DELETED for the Defendant(s) No. 3
MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 2
N J JHALA(7374) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 30/01/2025
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor
Vehicles Act, 1988, is preferred by the appellants - original
claimants being aggrieved and dissatisfied with the judgment
and award dated 31.7.2024 passed by the Motor Accident
Claims Tribunal, Rajkot in Motor Accident Claim Petition
No.1595 of 2016.
2. Brief facts of the case are as under:
2.1 That on 7.11.2016, when the deceased was going as
pillion rider on the motorcycle, at that time near opposite to
Jamwadi Gate, the offending vehicle dashed with the motorcycle
from behind and as a result, the deceased sustained grievous
injuries and succumbed to it.
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C/FA/3669/2024 ORDER DATED: 30/01/2025
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3. Learned advocate for the appellants - claimants 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 prospective
income of the deceased, negligence, liability and family
circumstances, 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 -
Insurance Company has submitted that the impugned judgment
and award passed by the Tribunal is just and proper. The
Tribunal has rightly considered the income of the deceased, the
age of the deceased, the dependency and future aspect of
income. He has submitted that under the head of loss of estate
and funeral expenses, the Tribunal has rightly awarded
compensation. He has submitted that the amount under the
head of loss of consortium is just and proper. He has submitted
that this appeal may be dismissed and no interference be made
by this Court.
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
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C/FA/3669/2024 ORDER DATED: 30/01/2025
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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
claimants. 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
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C/FA/3669/2024 ORDER DATED: 30/01/2025
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transpires that the learned Tribunal has not properly considered
monthly income of the deceased. Further, considering the ratio
laid down by the Hon'ble Apex Court in the case of National
Insurance Company Ltd. Vs. Pranay Shethi reported in (2017)
16 SCC 680, the general and non-pecuniary damages,
Rs.18,150/- each towards loss of estate and funeral expenses
should be awarded. Towards loss of consortium, there are four
dependents and therefore, Rs.48,400/- to each dependent
should be awarded as per the decision of the Hon'ble Apex Court
in the case of United India Insurance Co. Ltd., versus Satinder
Kaur @ Satwinder Kaur reported in (2021) 11 SCC 780.
6.2 Therefore, total compensation would be as under, which
the claimants/s is/are entitled to get.
Particulars Amount (Rs.)
Future dependency Loss 7,46,988/-
Loss of Estate, consortium & funeral 1,81,500/-
expenses
Total... 9,28,488/-
Less: compensation to be awarded 4,83,600/-
Additional amount which is awarded 5,14,488/-
7. Therefore, I hold that the claimantss are entitled to
get the enhanced compensation of Rs.5,14,488/- with 7.5% p.a.
(as agreed between the parties) 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.
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8.1 The present appeal is partly allowed.
8.2 The 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)
SHEKHAR P. BARVE
