Gujarat High Court
Hitesh Pujabhai Zala vs Kamleshbhai Ravjibhai Patel & on 10 July, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
C/FA/2295/2014 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 2295 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
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1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation
of the Constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
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HITESH PUJABHAI ZALA....Appellant(s)
Versus
KAMLESHBHAI RAVJIBHAI PATEL & 1....Defendant(s)
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Appearance:
MR TRILOK J PATEL, ADVOCATE for the Appellant(s) No. 1
MR SUNIL B PARIKH, ADVOCATE for the Defendant(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
Date : 10/07/2014
ORAL JUDGMENT
Heard learned advocates for the parties. At their joint request, the matter is taken for final hearing. Admit. Learned advocate Mr. Sunil B. Parikh waives service of notice of admission on behalf of the respondent-Insurance Company.
Page 1 of 4C/FA/2295/2014 JUDGMENT One Hitesh Pujabhai Zala is before this Court, who is the original claimant in Motor Accident Claim Petition No. 568 of 1996 filed before the 8 th Additional Motor Accident Claims Tribunal (Auxiliary), Vadodara. The said Motor Accident Claim Petition was heard and a judgment and award was rendered on 12th August 2013. The Motor Accident Claims Tribunal was pleased to award an amount of Rs.3,14,000/- in Motor Accident Claim Petition No. 568 of 1996 by way of compensation.
2. Learned advocate Mr. Trilok J. Patel for the appellant invited the attention of the Court to the relevant discussion, wherein the Tribunal has considered the question of amount of compensation. In paragraph No. 12 of the judgment the Tribunal has taken into consideration the contents of the deposition of Pujabhai Jhala, the guardian-father of the minor, who sustained injuries in the said accident. The description of the injuries is supported by the medical papers, which are discussed by the Tribunal in paragraph No. 12. In the same paragraph, in last sub-paragraph, taking into consideration the contents of Exh.52 and Exh.53 and also Exh. 34 to Exh.40, the Tribunal awarded an amount of Rs.75,000/- towards pain, shock and suffering.
Learned advocate Mr. Trilok J. Patel for the appellant submitted that besides this amount of Rs. 75,000/- awarded under the head for pain, shock and suffering, the Tribunal ought to have taken into consideration a very important aspect, i.e. loss of enjoyment of life, because from the photographs made available for the perusal of this Court, it is clear that the life of the victim will be miserable, possibly miserable is not a word strong enough to depict as to what type of suffering he will be undergoing till he is alive. Taking that into consideration, this court is of the opinion that the Honourable Tribunal ought to have taken into consideration the loss of enjoyment of life as a separate head, and some reasonable amount ought to have been awarded under the said head.
3. Learned advocate Mr. Sunil B. Parikh appearing for the Insurance Page 2 of 4 C/FA/2295/2014 JUDGMENT Company with all his insistence for justifying the judgment and award made by the Tribunal submitted that the total award amount of Rs.3,14,000/- cannot be said to be on a lower side. He could not dislodge the aforesaid submissions made by Mr. Trilok J. Patel, and submitted that if any amount is required to be awarded under a separate head of loss of enjoyment, that could not be anything between Rs.20,000/- and Rs.25,000/-, otherwise he strenuously submitted that the total amount can be said to be on a lower side.
4. Taking into consideration the contents of Exh.25, the deposition of the father of the minor, Exh.52 and Exh.53, the disability certificate, Exhs.34 to 40, the medical papers from S.S.G. Hospital, Vadodara, and taking into consideration the photographs, which are made available for perusal, this Court is of the opinion that this is a fit case wherein an amount of Rs.50,000/- under the head of loss of enjoyment of life will give some solace to the victim. The Court deems it proper to put on record that even this amount of Rs.50,000/- is not going to restore the original position, which the victim has already lost on account of the unfortunate accident, but as is said by the Honourable Apex Court in number of decisions that money is the only area available with the civilised society to compensate a person, who has suffered the unfortunate event and is going to continue to suffer till he is alive, and therefore, the judgment of the Honourable Apex Court is followed by adding Rs.50,000/- under the head of loss of enjoyment of life. The Tribunal has awarded Rs.75,000/- under the head of pain, shock and suffering. Considering the injury suffered by the claimant, the amount awarded under the head of pain, shock and suffering is on the lower side, and the same is required to be raised to minimum Rs.1,25,000/-. Thus, the claimants are entitled to an additional amount of Rs.1,00,000/- together with proportionate costs and interest at the rate of nine per cent per annum from the date of the claim petition till realisation. The judgment and award is modifed to the above extent. The First Appeal is accordingly allowed to the aforesaid extent with no order as to costs.
Page 3 of 4C/FA/2295/2014 JUDGMENT Taking into consideration the unfortunate suffering of the claimant, the Insurance Company is directed to deposit the additional amount with interest and proportionate costs as early as possible, but not later than eight weeks from the date of receipt of this order.
(RAVI R.TRIPATHI, J.) sndevu Page 4 of 4