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Judgment
Dr. Ashokkumar C. Joshi, J
This First Appeal is filed by the appellant – original claimants under Section 173(1) of the Motor Vehicles Act, 1988, (for short ‘M V Act’) against the judgment and award dated 27.10.2016 passed in Motor Accident Claim Petition No. 35 of 2006 by the Motor Accident Claims Tribunal (Main), Bhavnagar which was preferred under Section 166 of the MV Act, whereby, against a claim valued at Rs.2,50,000/- lakh for the injuries sustained in an accident that had occurred on 31.10.2005 the Tribunal has awarded a sum of Rs.85,640/- with interest at the rate of 9% per annum from the date of claim petition till realization, holding liable the opponents therein to pay the compensation to the appellant – original claimant. Hence, grieved claimant has filed this appeal on the point of quantum.
The brief facts of the case are that on 31.10.2005, at about 7:30 PM, the claimant with his wife was going towards ‘Khodiyar Mandir’ and the claimant had parked his scooter opposite side of ‘Chitra Mastram Bapa Mandir’ and walked for purchasing ‘Gutkha’ at that time, the Vitcos City Bus of opponent No.2 having registration No. GJ-03-Y-49, driven at full speed in rash and negligent manner and dashed with the claimant and as a result of which, the claimant received serious injuries.
Though served, the respondent Nos. 1 & 2 has put in no appearance and accordingly, the Court proceeded with the final hearing of the matter. Heard, learned advocate Mr. Yogen N. Pandya for the appellant and learned advocate Mr. Tanmay B. Karia for the respondent No. 3 – insurance company.
The learned advocate Mr. Yogen Pandya for the appellant -, claimant submitted that the learned Tribunal has falsely appreciated the evidence. He further submitted that the learned Tribunal has wrongly awarded very meager amount for pain, shock and suffering , special diet, attendant and for actual loss of income. He also prayed to enhance the awarded amount of the Tribunal.
Per contra, this, the learned advocate Mr. Tanmay Karia for the respondent No. 3 – insurance company, while heavily opposing this appeal and supporting the impugned judgment and award, submitted that the impugned judgment and award being just and proper and therefore, no interference is required at the hands of this Court. He further submitted that as per the dictum of the Hon’ble Apex Court, 6% interest is required to be given on the amount from the date of claim petition till realization.
Regard being had to the submissions made and considering the averments made in the appeal as well as a perusal of the record reveal that the learned Tribunal has wrongly awarded very meager amount for pain, shock and suffering, special diet, attendant and for actual loss of income. Therefore, this appeal, is required to be allowed to that extent and the impugned judgment and award is required to be modified accordingly.
In the aforesaid backdrop, this appeal succeeds and is allowed accordingly. The impugned judgment and award is modified to the aforesaid extent and it is held that the appellant – claimant shall be entitled for the following towards compensation:
Head
Award of Tribunal (Rs.)
Modified Amt. (Rs.)
Future loss of income
37,440/-
37,440/-
Pain, Shock & Suffering
10,000/-
20,000/-
Actual loss of income
72,00/-
14,400/-
Special Diet, Attendant, Transportation
5,000/-
15,000/-
Medical Expenses
26,000/-
26,000/-
Discomfort, inconvenience to parents
Total
85,640/-
1,12,840/- (round off) 1,13,000/-
Different Amt.
1,13,000/- -85,640/- = 27,360/-
Interest
6%
7.1 The difference amount shall be deposited within a period of 08 (eight) weeks.
7.2 This court is agreed with the arguments of learned advocate Mr. Karia for the Respondent No. 3. The appellant – claimant shall be entitled to interest at the rate of 6% per annum on such enhanced amount of compensation, from the date of the claim petition till realization.
7.3 The rest of the impugned judgment and award is not disturbed.
7.4 R&P, if received, be sent back forthwith.