Gujarat High Court
Jayantibhai Amrutlal Patel Legal Heirs ... vs Salimbhai Qureshi Shaikh on 31 January, 2025
NEUTRAL CITATION
C/FA/1795/2010 ORDER DATED: 31/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1795 of 2010
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JAYANTIBHAI AMRUTLAL PATEL LEGAL HEIRS OF DECD. & ORS.
Versus
SALIMBHAI QURESHI SHAIKH & ORS.
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Appearance:
MR AMIT N PATEL(2749) for the Appellant(s) No. 1,1.1,1.2,1.3
DELETED for the Defendant(s) No. 4
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 3
MR GC MAZMUDAR(1193) for the Defendant(s) No. 6
MR HG MAZMUDAR(1194) for the Defendant(s) No. 6
RULE SERVED for the Defendant(s) No. 2,3,5,6
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 31/01/2025
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 30.09.2009 passed by the Motor Accident Claims
Tribunal, Mehsana in Motor Accident Claim Petition No.1471 of
1993.
2. Brief facts of the case are as under:
2.1 On 24.05.1993, the claimant was going in his Car No.GJ-
2-A-1776 towards Ahmedabad and when he reached near place
of accident, one Jeep No.GAW-7310 coming from opposite side in
rash and negligent manner dashed with Car, as a result, the
claimant received serious injuries.
NEUTRAL CITATION
C/FA/1795/2010 ORDER DATED: 31/01/2025
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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 - 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
NEUTRAL CITATION
C/FA/1795/2010 ORDER DATED: 31/01/2025
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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 claimant/s is/are entitled to get.
NEUTRAL CITATION
C/FA/1795/2010 ORDER DATED: 31/01/2025
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Particulars Amount (Rs.)
Future loss of income 10,96,128/-
Rs.17,300/- x 12 months = Rs.2,07,600/-
and considering 48% disability, the amount
would be Rs.99,648/- and considering 11
multiplier, the total amount would be
Rs.10,96,128/-
Actual loss of income for 7 months 1,21,100/-
Pain, shock and suffering 30,000/-
Special diet, attendant charges 25,000/-
Medical expenses 20,000/-
Total... 12,92,228/-
Less : 70% negligence to be deducted 9,04,560/-
Less : Amount awarded by learned Tribunal 2,50,650/-
Additional amount which is awarded 1,37,018/-
7. Therefore, I hold that the claimant is entitled to get the
enhanced compensation of Rs.1,37,018/- with 7.5% 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.
8.2 Ratio of contributory negligence assessed by the learned
Tribunal is maintained. The respondent no.2 and respondent
NEUTRAL CITATION
C/FA/1795/2010 ORDER DATED: 31/01/2025
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no.3 - Insurance Company are jointly and severally directed to
deposit the enhanced amount Rs.1,37,018/- with 7.5% 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.
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 claimant, 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
