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Bachubhai Kanjibhai Koli Patel v/s Jayantilal Kantilal Thakker & Others

    First Appeal No. 801 of 2006

    Decided On, 01 May 2017

    At, High Court of Gujarat At Ahmedabad

    By, THE HONOURABLE MR. JUSTICE MOHINDER PAL

    For the Appellants: Nd. Gohil, Advocate. For the Defendants: D3 to D4, Deleted, D2, Hardik C Rawal, D5, Palak H Thakkar, Advocates, D1, Rule Served.



Judgment Text

1. Aggrieved from the judgment and award dated 1.12.1987 passed by the Motor Accident Claims Tribunal (Main), Mehsana in MAC Petition No. 200 of 1983, wherein, against the claim of Rs. 70,000/-, the Tribunal has awarded Rs. 30,540/- to the appellant.

2. The facts of this case are that an accident has taken place on 11.6.1981 at about 10.00 a.m., when the claimant was moving in the truck of opponen

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t no. 4 on Radhanpur - Viramgam highway and they were moving towards Viramgam. At that time, driver of the truck was driving the truck on the left side of the road. When the truck reached near Panchasar village, at that time, from the other side, ST bus No. GRS-8511 came at full speed, and all of sudden, both, truck and bus dashed with each other. As a result of this accident, the appellant-claimant received injuries including fracture of his left leg.

3. In claim petition, the Tribunal has assessed the income of the appellant at Rs. 450/- per month. Keeping in view the disability, the Tribunal awarded the aforementioned amount. Aggrieved from this decision, the original claimant has come in appeal. It would be necessary to point out that the appellant has claimed Rs. 70,000/- in the original claim petition before the Tribunal, however, later on, in this appeal, the appellant has restricted his prayer for enhancement of Rs. 15,000/-.

4. Learned counsel for the appellant has submitted that the Tribunal has erred in not awarding Rs. 6000/- towards medical treatment and has only awarded Rs. 1500/-. Rs. 2000/- towards transportation charge was also required to be awarded. Similarly, the disability should have been assessed at least 50% as the claimant was deprived from doing job which he was doing before the accident. At the time of accident, claimant was 31 years of age, and hence, multiplier of 17 should have been applied in place of 14 as applied by the Tribunal. Relying upon this submission, learned counsel for the appellant has requested for enhancement of the compensation amount.

5. On the other hand, learned counsel for Insurance Company of the truck as well as ST Bus, have submitted that the income assessed by the Tribunal at the rate of Rs. 450/- per month has been rightly assessed by the Tribunal, as at the relevant time, the minimum wages were even less than Rs. 450/- per month. Similarly, it has been argued that Rs. 1500/- awarded towards medicines were on the basis of the bills produced by the appellant and multiplier of 17 was not applicable in the year 1981 when the accident has taken place. Relying upon the aforementioned submissions, both the learned counsels have prayed for dismissal of this appeal.

6. The accident between the truck and bus is not in dispute. It is also not in dispute that at the relevant time, the claimant was travelling in the truck and received injuries including fracture. Because of this accident, he has been disabled to the extent of 22% and he is not able to perform the same function which he was performing prior to the date of the accident.

7. It could be seen that the appellant, at the time of accident, was doing job of labour which was a manual job. By every stretch of imagination, he is not able to do the same job because of the disability and will have to spend rest of his life with this disability. Under these circumstances, the award of Rs. 30,540/- is on lesser side which requires to be enhanced.

8. Keeping in view the nature of job, nature of injury, extent of disability and facts and circumstances of this case, the award amount is further enhanced in lumpsum to Rs. 20,000/-. The enhanced amount to be paid to the appellant original claimant within a period of six weeks from the date of receipt of the copy of this order. The award of the Tribunal is modified accordingly and present appeal stands disposed of.

9. Since both the drivers, i.e. driver of the truck as well as S.T. Bus, have been held equal liable, the enhanced amount will be shared by both, i.e. Insurance Company of the truck as well as Gujarat State Road Transport Corporation in equal proportionate of 50%.
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