Gujarat High Court
Minor Lakshmiben Nareshbhai vs Anand Kanubhai Upadhyay on 2 May, 2025
NEUTRAL CITATION
C/FA/990/2025 ORDER DATED: 02/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 990 of 2025
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MINOR LAKSHMIBEN NARESHBHAI
Versus
ANAND KANUBHAI UPADHYAY & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MANDEEP SINGH SALUJA(8791) for the Defendant(s) No. 3
NOTICE UNSERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 02/05/2025
ORAL ORDER
1. Heard learned advocate Mr. Nishit A. Bhalodi for the
appellant and learned advocate Mr. Mandeep Singh Saluja
for respondent No.3. Notice of this Court could not be
served upon respondent Nos.1 and 2. Perused the record.
2. The challenge in the present appeal is with regard to the
judgment and award dated 29.7.2022 passed by learned
Motor Accident Claims Tribunal (Aux), Ahmedabad (Rural)
in M.A.C.P. No.1379 of 2015.
3. The facts in brief of the case are as under:
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* On 19.4.2015 at about 10.00 pm, the minor
applicant was going to throw garbage near wall of BSNL
office and while returning, she was crossing the road. At
that time, opponent No.1 came in Taxi bearing
registration No.GJ-1DX-1479 in full speed and in rash and
negligent manner and dashed with the minor.
Resultantly, minor sustained severe fracture injuries.
* The minor claimant through her father and natural
guardian filed a claim petition before the learned Motor
Accident Claims Tribunal claiming compensation of
Rs.2,50,000/- from the opponents. Opponents were
served with the notice of claim petition. Opponent No.1
was deleted vide Exh.16. Opponent No.2 - owner of the
offending vehicle appeared and filed Written Statement
at Exh.14 while opponent No.3 - insurance company of
the offending vehicle appeared and filed Written
Statement at Exh.10 and denied its liability. Issues were
framed.
* Examination in chief of the father of minor was
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recorded at Exh.23 and produced documentary evidence
such as FIR, RC Book, Panchnama, Driving license,
disability certificate and other documents in support of
claim petition.
* After considering the evidence on record and
considering the submissions, learned Tribunal partly
allowed the claim petition by awarding compensation of
Rs.52,500/- with interest @ 9% p.a. from the date of
application till realisation.
* Being aggrieved and dissatisfied with the impugned
judgment and award - the appellant - original claimant
has filed this appeal.
4. Learned advocate for the appellant has submitted that
the age of the minor at the time of accident was 9 years
and considering the disability certificate issued by Dr. H.
P. Maniar, minor sustained disability @ 23.80% of left leg
upper limb. However, with consent, the disability was
reduced upto 10% - body as a whole. However, learned
tribunal has awarded meager compensation of
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Rs.22,500/- under the head of future loss of income. It is
submitted that learned tribunal ought to have granted
Rs.1,00,000/- under the head of Pain, Shock and
Suffering on account of permanent disability. Reliance is
placed upon the decision of Hon'ble Apex Court in the
case of Mallikarjun v. Divisional Manager, National
Insurance Co. Ltd. (SLP No.1976 of 2012). Except
the above submissions, no other submissions are made.
5. Per contra, learned advocate for respondent - Insurance
Company has supported the judgment and award and
submitted that learned Tribunal has rightly considered
the evidence on record and awarded just and reasonable
compensation. Rest of the award passed by the learned
Tribunal does not require any interference looking to the
facts and circumstances of the case.
6. I have considered the submissions canvassed by learned
advocates for the respective parties and perused the
impugned judgment and award. Undisputed fact which is
coming on record is that on the date of accident, the age
of the victim was 9 years and because of vehicular
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accident, she sustained injuries which is supported by the
disability certificate issued by Dr. H. P. Maniar Exh.39.
With consent, the disability was reduced from 23.80% to
10% - body as a whole. However, learned tribunal did not
consider the question of compensation in cases of minor.
The issue involved in the present appeal is no more res
integra in the decision of Master Mallikarjun (Supra).
Paragraph No.12 is reproduced hereunder for the sake of
convenience.
"12. Though it is difficult to have an accurate assessment of
the compensation in the case of children suffering disability
on account of motor vehicle accident, having regard to the
relevant factors, precedents and the approach of various
High Courts, we are of the view that the appropriate
compensation on all other heads in addition to the actual
expenditure for treatment, attendant etc. should be, if the
disability is above 10% and upto 30% to the whole body,
Rs.3,00,000/-, upto 60%, Rs.4,00,000/- upto 90%,
Rs.5,00,000/- and above 90%, it should be Rs.6,00,000/- for
permanent disability upto 10%, it should be Rs.1,00,000/-."
7. In view of the above facts and circumstances, the
claimant/s is/are entitled to following amount of
compensation under the different heads:
Sr. Name of the Head Compensation
No. Amount
(In Rs.)
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1 Future loss of Income & Pain
Shock and Suffering 1,00,000/-
2. Spl Diet, Attendant Charges & 10,000/-
Transportation Charges
3. Medical Expenses 10,000/-
Total Compensation 1,20,000/-
(-) Awarded Amount 52,500/-
Enhanced Amount 67,500/-
Interest @ 9%
8. Therefore, total amount of compensation would come to
Rs.1,20,000/- is required to be awarded with interest
accrued thereon from the date of claim petition till its
realisation, which would meet the ends of justice. It is
pertinent to note that learned Tribunal has awarded
Rs.52,500/- to the claimant, therefore, Rs.67,500/-
(Rs.1,20,000/- - Rs.52,500/-) is required to be
awarded with 9% p.a. interest.
9. For the reasons recorded hereinabove, the following
order is passed:
[A]. The present appeal is partly allowed
accordingly in above terms.
[B]. The Insurance Company is directed to
deposit the enhanced amount Rs.67,500/- with
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9% p.a. interest from the date of claim petition till
its realisation before the concerned Tribunal, within
a period of four weeks from the date of receipt of
this order.
[C]. 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' / RTGS /
NEFT', after proper verification and after following
due procedure.
[D]. While making the payment, the Tribunal
shall deduct the Courts fees, if not paid, in
accordance with the Rules.
[E]. Record & Proceedings, if any, be sent
back to the concerned Tribunal, forthwith.
(D. M. DESAI,J)
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