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2016 DIGILAW 31 (GUJ)

Prafullbhai Parsottamdas Patel Heirs & Legal Representatives v. Laxmikant Ishwarbhai Patel

2016-01-06

M.R.SHAH

body2016
JUDGMENT : M.R. Shah, J. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Bharuch (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No. 569/1997 by which the learned Tribunal has awarded a total sum of Rs. 59,620/- with interest at the rate of 9% per annum from the date of application till realisation, the original claimant who at the relevant time was injured (now the heirs and legal representatives of the deceased - original injured claimant who died during the pendency of the present appeal) have preferred the present First Appeal to enhance the amount of compensation awarded by the learned Tribunal. 2. It is not in dispute that in a vehicular accident which occurred on 27.02.1997 the original claimant sustained injury and permanent partial disablement to the extent of 15%. Therefore, the original injured claimant filed the aforesaid claim petition before the learned Tribunal claiming a total sum of Rs. 1,50,000/towards compensation for the injury/permanent partial disablement sustained by him. That by impugned judgment and award the learned Tribunal has awarded a total sum of Rs. 59,620/towards compensation to the original claimant under different heads and with 9% interest thereon from the date of application till realisation. Rs.22,220 For medical expenses Rs.12,000 For actual loss of income Rs.1,000 For Spl. Diet & Transportation Rs.1,500 For loss of income for attendant Rs.3,900 For attendant charges Rs. 7,000 For pain, shock and suffering Rs. 12,000 For future loss of income Rs. 59,620 Total Hence, the original injured claimant preferred the present First Appeal to enhance the amount of compensation. 3. As during the pendency of the present appeal, the original injured claimant died and therefore, his heirs and legal representatives are permitted to be brought on record. 4. Shri Pandya, learned advocate appearing on behalf of the appellants has vehemently submitted that the learned Tribunal has materially erred in awarding Rs. 3900/- only towards attendant charges. It is submitted that considering the fact that the original injured claimant remained in hospital for 93 days, the learned Tribunal ought to have awarded at least Rs. 9300/- towards attendant charges. Shri Pandya, learned advocate appearing on behalf of the appellants has vehemently submitted that the learned Tribunal has materially erred in awarding Rs. 3900/- only towards attendant charges. It is submitted that considering the fact that the original injured claimant remained in hospital for 93 days, the learned Tribunal ought to have awarded at least Rs. 9300/- towards attendant charges. 4.1 It is further submitted by Shri Pandya, learned advocate appearing on behalf of the appellants that looking to the prolonged hospitalization and even considering the fact that skin grafting was also required to be done and the medical treatment, the learned Tribunal ought to have awarded at least Rs. 25,000/- under the head of pain, shock and suffering. Making above submissions it is requested to allow the present First Appeal. 5. Shri Sunil Parikh, learned advocate appearing on behalf of the respondent No. 3 herein - New India Assurance Co. has opposed the present First Appeal. He has vehemently submitted that in the facts and circumstances of the case the amount awarded by the learned Tribunal can be said to be just compensation and therefore, he has requested to dismiss the present appeal more particularly when now the original injured claimant died during the pendency of the present First Appeal on 30.06.2006. 6. Heard learned advocates appearing on behalf of respective parties at length. Having heard learned advocates appearing for respective parties and considering the impugned judgment and award passed by the learned Tribunal it appears that by and large the learned Tribunal has not committed any error in awarding the amount towards medical expenses, actual loss of income, special diet and transportation and loss of income of his wife who was required to attend her husband - original injured claimant as he was hospitalised for 93 days and even future loss of income. However, the learned Tribunal has committed a grave error in awarding Rs. 3900/- only towards attendant charges and Rs. 7000/- only towards pain, shock and suffering. Considering the fact that the original injured claimant remained in hospital for approximately 93 days and his wife was required to constantly attend him in the hospital, if the amount of Rs. 5000/- is awarded towards attendant charges, it can be said to be just and proper. 7000/- only towards pain, shock and suffering. Considering the fact that the original injured claimant remained in hospital for approximately 93 days and his wife was required to constantly attend him in the hospital, if the amount of Rs. 5000/- is awarded towards attendant charges, it can be said to be just and proper. 6.1 Similarly, considering the prolonged hospitalization (93 days) and even the skin grafting was required to be performed and done and the medical treatment, awarding Rs. 7000/only towards pain, shock and suffering can be said to be on lower side. In the facts and circumstances of the case narrated herein above, appellants herein shall be entitled to Rs. 25,000/- towards pain, shock and suffering. To the aforesaid impugned judgment and award passed by the learned Tribunal is required to be modified and the present appeal is required to be partly allowed to the aforesaid extent. 7. In view of the above and for the reasons stated above, impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Bharuch in Motor Accident Claim Petition No. 569/1997 is hereby modified to the extent and it is held that the appellants herein shall be entitled to a total sum of Rs. 78,720/- (additional amount of Rs. 19,100/-) with 9% interest per annum thereon from the date of application till realisation. The balance enhanced amount of compensation with interest shall be deposited by the respondents more particularly respondent No. 3 herein - New India Assurance Co. with the learned Tribunal within a period of 8 weeks from today and on such deposit the learned Tribunal to pay the same to the appellants herein by Account Payee Cheque on proper identification and verification by the learned Tribunal itself. Present First Appeal is partly allowed to the aforesaid extent. No costs. Order accordingly.