New India Assurance Co. Ltd. v. Muktaben Gordhanbhai Decd. Thr' Heirs
2015-12-02
M.R.SHAH
body2015
DigiLaw.ai
JUDGMENT : M.R. Shah, J. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi), Junagadh passed in MACP No. 591 of 1996, by which, the learned Tribunal has awarded a total sum ofRs.3,22,000/- to the original claimants towards compensation for the death of deceased Muktaben Gordhanbhai, the appellant herein-original opponent no.3 New India Assurance Company Limited has preferred present First Appeal in so far as awardingRs.98,000/- awarded under the conventional head. 2. The only submission made by Shri H.G. Majmudar, learned advocate for the appellant-Insurance Company is that the learned Tribunal has materially erred in awardingRs.98,000/- under the conventional head such as loss of consortium, loss of estate, loss of love and affection etc. It is submitted that in the facts and circumstances of the case and as accident occurred in the year 1996, the learned Tribunal ought to have awardedRs.50000/- only under the conventional head. In support of his above submission, he has relied upon the decision of this Court in the case reported in 2008 ACJ 989. Making above submission and relying upon the above decision, it is requested to modify the impugned judgment and award passed by the learned Tribunal to the aforesaid extent. 3. On the other hand, Shri Tolia, learned advocate for the original claimants relying upon the decisions of this Court in First Appeal No.3894 of 2006, First Appeal No.3900 of 2006 and First Appeal No.2341 of 2011 has vehemently submitted that the learned Tribunal has not committed any error in awarding Rs.98,000/- under the conventional head. It is submitted that in the aforesaid cases considering the various decisions of the Hon'ble Supreme Court, more particularly, decision in the case of Vimal Kanwar v. Kishore Dan reported in (2013) 7 SCC 476 as well as in the case of Sanobanu Nazirbhai Mirza v. Ahmedabad Municipal Transport Service reported in 2013 ACJ 2733 has held and awardedRs.1,10,000/- in all under the conventional head in case where the accident occurred in the year 1996. Making above submissions and relying upon the above decisions, it is requested to dismiss the present appeal. 4. Heard the learned advocates for the respective parties at length. By impugned judgment and award passed by the learned Tribunal has awarded total sum ofRs.3,22,000/- under the different heads towards compensation for the death of deceased Muktaben Gordhanbhai.
Making above submissions and relying upon the above decisions, it is requested to dismiss the present appeal. 4. Heard the learned advocates for the respective parties at length. By impugned judgment and award passed by the learned Tribunal has awarded total sum ofRs.3,22,000/- under the different heads towards compensation for the death of deceased Muktaben Gordhanbhai. Out of the aforesaid amount of compensation, the learned Tribunal has awardedRs.98,000/- under the conventional head. The aforesaid amount was awarded by the learned Tribunal considering the law prevailing at the relevant time and more particularly, considering the various decisions of the Hon'ble Supreme Court as well as Delhi High Court. In any case, the amount awarded by the learned Tribunal cannot be said to be too excessive and/or exorbitant which call for the interference of this Court. In the peculiar facts and circumstances of the case and having found that the amount awarded by the learned Tribunal can be said to be just compensation which does not require interference of this Court, impugned judgment and award passed by the learned Tribunal is hereby confirmed. 5. In view of the above and for the reasons stated above, present appeal fail and same deserve to be dismissed and is accordingly dismissed. No costs. Appeal dismissed.