ANILBHAI DADUMAL ADVANI vs. SURSINH HIMMATSINH ZALA

C/FA/718/2018 JUDGMENT DATED: 21/12/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 718 of 2018

FOR APPROVAL AND SIGNATURE: Sd/-

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

================================================================ 1 Whether Reporters of Local Papers may be allowed to see the judgment ? No 2 To be referred to the Reporter or not ? No 3 Whether their Lordships wish to see the fair copy of the judgment ? No 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? No ================================================================ ANILBHAI DADUMAL ADVANI Versus SURSINH HIMMATSINH ZALA & 1 other(s) ================================================================ Appearance: MR.HIREN M MODI(3732) for the Appellant(s) No. 1 MRS VASAVDATTA BHATT(193) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 21/12/2022

ORAL JUDGMENT 1. This appeal is filed by the appellant – claimant seeking enhancement of the compensation amount awarded by the Page 1 of 7

C/FA/718/2018 JUDGMENT DATED: 21/12/2022 Motor Accident Claims Tribunal (Aux), Court No.22, Ahmedabad (hereinafter referred to as “the Tribunal”) vide impugned judgment and award dated 10.11.2017 passed in M.A.C.P. No.380 of 2010, whereby the Tribunal has partly allowed the claim petition. 2. Brief facts of the present case are that on 30.04.2010, appellant was going towards Sardarnagar from Kalupur on his motorcycle bearing registration No.GJ-01-CM-2653 driven in normal speed on the left side of the road and at about 8.40 p.m., when they were passing opposite side of Rani Shakti Hall, Near Shahibaug, an S.T. Bus bearing registration No.GJ-18-V-8372 came from Dafnala side in rash and negligent manner and in excessive speed and endangering human life, which overtook the auto-rickshaw going ahead of it, collided with the motorcycle, due to which he fell down and sustained injury. Hence, the appellant – original claimant has filed claim petition before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.71,350/- under the different heads as against the claim of Rs.6,00,000/-. Page 2 of 7

C/FA/718/2018 JUDGMENT DATED: 21/12/2022 3. It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Not being satisfied with the compensation amount, this appeal has been filed. 4. Heard Mr.Karna Dhomse, learned counsel for Mr.Hiren Modi, learned counsel appearing for the appellant and Mrs.Vasavdatta Bhatt, learned counsel appearing for the respondent – Corporation. 5. Mr.Dhomse, learned counsel appearing for the appellant has submitted the same facts which are narrated in the memo of appeal. He has submitted that the Tribunal has committed an error while awarding the compensation of Rs.71,350/- against the claim of Rs.6,00,000/-. He has submitted that the Tribunal ought to have considered the income of the appellant at Rs.1,78,101/- per annum instead of Rs.33,000/- per annum. He has also submitted that the appellant has produced the Income Tax Return of the year 2009-2010 wherein gross income of the appellant is to Rs.1,78,101/- and, therefore, there is no reason to disbelieve the same. He has also submitted that the Tribunal ought to have considered the fact that the appellant was below Page 3 of 7

C/FA/718/2018 JUDGMENT DATED: 21/12/2022 40 years and, therefore, 50% rise in income is required to be considered. He has submitted that the impugned judgment and award requires to be modified and the amount of compensation requires to be enhanced. 6. As against that Mrs.Bhatt, learned counsel appearing for respondent – Corporation has supported the impugned judgment and award passed by the Tribunal. She has submitted that so far as the income of the appellant is concerned, there is no cogent and proper proof or evidence led by him about the income and compensation awarded by the Tribunal is just and proper and, therefore, no interference is called for. 7. Upon hearing learned counsel appearing for the parties, the following questions arise in this appeal for determination by this Court. (i) Whether the Tribunal has erred in awarding compensation of Rs.71,350/- or not? (ii) Whether the Tribunal has awarded just and adequate compensation or not? 8. I have considered the averments made in the appeal, submissions made by the learned counsel appearing for both the Page 4 of 7

C/FA/718/2018 JUDGMENT DATED: 21/12/2022 sides and considered the facts of the case and perused the record and proceedings. I have perused the Income Tax Return of the year 2009-2010 at Exhibit 30, which is referred and relied upon by the learned counsel for the appellant, which was submitted on 27.04.2009 prior to the date of the accident and in the said Return, the income of the injured was mentioned at Rs.1,78,000/-. Therefore, I am of the view that originally the appellant was earning Rs.10,000/- per month, so the actual loss of income awarded by the Tribunal is on lower side. 9. Considering the ratio laid down by the Hon’ble Supreme Court in the case of Sarla Verma and others Vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Limited Vs. Pranay Sethi and others reported in (2017) 16 SCC 680, I am of the considered opinion that the appellant is entitled to additional amount of compensation considering the income of the claimant, appeal requires to be allowed and the impugned judgment and award requires to be substituted by enhancing the amount of compensation and, therefore, the compensation is enhanced under the following heads:- Page 5 of 7

C/FA/718/2018 JUDGMENT DATED: 21/12/2022 Income Rs.10000 x 12 = Rs.120000 x 10% = Rs.12000 x 16 multiplier = Rs.192000 + Rs.30000 (actual Income 3 months) Rs.2,22,000.00 Pain, shock and suffering Rs.15,000.00 Special diet and Transportation Rs.10,000.00 Medical expenses Rs.30,000.00 Total amount Rs.2,77,000.00 Less: Compensation awarded by the Tribunal Rs.71,350.00 Additional amount Rs.2,05,650.00 Accordingly a sum of Rs.2,05,650/- as additional compensation requires to be awarded towards future loss of income, which is just and reasonable compensation and the same is awarded in addition to Rs.71,350/- awarded by the Tribunal. However, the appellant is entitled to additional amount of compensation of Rs.2,05,650/- along with interest at the rate of 6% from the date of application till its realization. 10. For the foregoing reasons, the appeal is allowed in part. The judgment and award dated 10.11.2017 passed by the Motor Accident Claims Tribunal is hereby modified and in addition to what has been awarded by the Tribunal, a sum of Rs.2,05,650/- as additional amount with interest at the rate of 6% per annum is awarded which shall be from the date of filing claim petition till Page 6 of 7

C/FA/718/2018 JUDGMENT DATED: 21/12/2022 its realization. The Insurance Company is directed to deposit additional amount of compensation with 6% interest as early as possible within an outer limit of eight weeks from the date of receipt of certified copy of this order. After deposit of the additional amount of compensation, the same shall be disbursed in favour of the claimant through RTGS, after proper verification. The bank account details shall be furnished by the learned advocate for the claimant to the Nazir Department of the Court concerned.The appellant is directed to pay deficit court fees, if any, on the enhanced amount within one month from the date of receipt of certified copy of this order. The apportionment and order for disbursement as made by the Tribunal in the operative portion of the order shall hold good. Record and proceedings be sent back to the concerned Tribunal forthwith. Pending civil applications, if any, shall stand disposed of accordingly. Sd/- (HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 7 of 7