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2013 DIGILAW 719 (GUJ)

Kantibhai Dalsukhbhai Shah v. Valibhai Pirbhai Sandhi

2013-12-09

K.J.THAKER

body2013
JUDGMENT : K.J. THAKER, J. 1. The appellant herein has challenged the award dated 11.05.2009 passed by the Motor Accident Claims Tribunal (Auxiliary) Bhavnagar in Motor Accident Claims Petition No. 769 of 1998 so far as the Tribunal awarded only Rs.91656/- as compensation with interest and costs. 2. It is the case of the appellant that on 03.07.1998 the appellant was going to Gandhinagar from Botad in a private Ambassador Car which belonged to his friend. At that time a luxury bus bearing registration no. GJ 18- V-3019 came from the left side of the car in a rash and negligent manner and collided with the car as a result of which the car turned turtle and the appellant sustained injuries. The appellant therefore filed claim petition for compensation to the tune of Rs.3 lakhs. The Tribunal after hearing the parties passed the aforesaid award. 3. Mr. Shah, learned advocate appearing for the appellant submitted that the Tribunal erred in assessing the appellant's monthly income. He submitted that the Tribunal has awarded lesser amount under the head of pain, shock and suffering as well as conveyance charges. 4. Mr. Hardik Rawal, learned advocate appearing for respondent no. 2 has strongly objected to enhancement. He contended that the impugned award being just and proper does not call for any interference by this Court. 5. In the present case the Tribunal has assessed the income of the appellant at Rs.2000/- which is just and proper considering the salary and job of the appellant. The appellant was around 45 years of age at the time of the accident. It appears that the Tribunal has granted one more multiplier than the one laid down in the case of Sarla Verma & Ors v. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121 . Therefore, even if the income is increased and the multiplier is decreased by one count, the resultant effect shall be almost the same. Therefore, the monthly income assessed by the Tribunal is not required to be intefered with. 5.1 As regards the rest of the awards under various heads, the amount awarded under the head of pain, shock and suffering is on lower side. This court thinks it fit to award total amount of Rs.15,000/- for the compensation under pain, shock and suffering (Rs.8000/- additional). 5.1 As regards the rest of the awards under various heads, the amount awarded under the head of pain, shock and suffering is on lower side. This court thinks it fit to award total amount of Rs.15,000/- for the compensation under pain, shock and suffering (Rs.8000/- additional). Similarly, the amount of compensation under the head of special diet is increased by Rs.2000/- and the compensation under the head of conveyance is increased by Rs.3000/-. Therefore in all an amount of Rs.13,000/- is awarded in addition to the amount awarded by the Tribunal. Rest of the award is just and proper. 6. Accordingly, appeal is partly allowed. The appellant shall be entitled to an additional amount of Rs.13,000/- alongwith interest at 7.5% from the date of application till realisation. The compensation to be paid within a period of eight weeks from today failing which 9% interest shall be applicable. The award of the Tribunal is modified accordingly. No order as to costs. Appeal partly allowed.