Gujarat High Court
New India Insurance Company Limited vs Heirs Of Rakeshkumar on 25 April, 2013
Author: M.D.Shah
Bench: M.D. Shah
NEW INDIA INSURANCE COMPANY LIMITED....Appellant(s)V/SHEIRS OF RAKESHKUMAR LALCHAND-BHAI @ KIRTILAL SHAH C/FA/5576/1995 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL NO. 5576 of 1995 ================================================================ NEW INDIA INSURANCE COMPANY LIMITED....Appellant(s) Versus HEIRS OF RAKESHKUMAR LALCHAND-BHAI @ KIRTILAL SHAH & 5....Defendant(s) ================================================================ Appearance: MR JD AJMERA, ADVOCATE for the Appellant(s) No. 1 MR RR MARSHALL, ADVOCATE for the Defendant(s) No. 6 NOTICE UNSERVED for the Defendant(s) No. 2 ================================================================ CORAM: HONOURABLE MR.JUSTICE M.D. SHAH Date : 25/04/2013 ORAL ORDER
By filing this appeal, the appellant insurance company has challenged the judgement and award dated 6/6/1994 passed by the Motor Accident Claims Tribunal (Main), Banaskantha at Palanpur in M.A.C.P. No. 330/1985.
Brief facts of the present appeal are that on 21/4/1985 at around 6 a.m., the respondent original claimant was travelling in Jeep No. GJV 5000. The said Jeep was being driven from village Un and it was proceeding towards Thara. When the Jeep reached near village Saupura, one public carrier bearing No. HRV 2935 came in rash and negligent manner with an excessive and uncontrollable speed. In this unfortunate accident, deceased Rakeshbhai Kirtilal @ Lelchand sustained grievous injuries. There was fracture of 5th vertibrae of spinal cord. Due to that injury, whole body of the deceased Rakeshbhai was paralysed from neck to entire lower extremity. There was paralysis on both legs and both hands. Moreover, the deceased Rakeshbhai died after about 92 months after the date of accident.
Learned advocate Mr. J.D.Ajmera appearing for the appellant states that learned Claims Tribunal has committed error in awarding the compensation on higher side. He states that learned Claims Tribunal ought to have held that the appellant was not liable for any amount of compensation. He states that learned Claims Tribunal has committed error in holding that the applicant had received serious injuries due to rash and negligent driving of Truck no. 2935. He states that learned Claims Tribunal has committed error in holding that the claimant had spent Rs. 4,50,000/- towards the medical treatment. He states that learned Claims Tribunal ought not to have accepted oral and documentary evidence led by the claimants. He states that claims Tribunal has not discussed any of the document regarding expenses produced by the claimants. He state that learned Claims Tribunal has committed error in holding that the deceased succumbed to the injuries received in the accident. He states that the award passed by learned Claims Tribunal is based on mere conjectures and surmises and the findings are perverse, illegal and bad in law.
He further states that learned Claims Tribunal has not considered that more than six passengers were travelling in the jeep and risk of the passengers were not covered under the policy, by that, learned Claims Tribunal has committed an error in fasting the liability upon the Insurance Company.
As against that learned Senior Counsel Mr. R.R.Marshal states that learned Claims Tribunal has granted just and adequate compensation in favour of the claimants. He states that learned Claims Tribunal has not committed any error in awarding the compensation, which would require interference by this Court.
I have heard learned advocate for the parties at length and in great detail. I have also perused the judgement and award passed by the Claims Tribunal as well as oral and documentary evidence. It is an admitted fact that the deceased Rakeshbhai received serious injuries due to said accident. He was admitted in the V.S.Hospital at Ahmedabad on the same day for one month. Three operations were performed on his body. There was complete paralysis right from neck to entire lower extremity including both legs and hands of Rakesh. He was not even in a position to move a single step even. Thereafter, he was under treatment for a continuous period of 92 months. There is no doubt that he died due to injuries received by him. Therefore, the Claims Tribunal has awarded Rs. 4,34,000/- under the head of medical expenses, transportation and attendance charges.
Considering the facts of this case, this Court is of opinion that the The Claims Tribunal has awarded just and adequate compensation. The Claims Tribunal has not committed any error, which would require interference of this Court. Hence, there is no substance in the present appeal, the appeal is dismissed.
(M.D.SHAH, J.) *asma Page 4 of 4