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Somabhai Ruvabhai Gamit Vs. Ayyubbhai Mustufabhal Sheikh - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtGujarat High Court
Decided On
Judge
Reported in2(1985)ACC78
AppellantSomabhai Ruvabhai Gamit
RespondentAyyubbhai Mustufabhal Sheikh
Excerpt:
- - 52,125/- with 6% running interest from the date of the application till realisation together with proportionate costs (of the tribunal as well as of this court) from opponents nos......the tribul awarded compensation as follows: rs. (1) pain, shock and suffering. 20,000.00 (2) future economic loss. 10,440,00 (3) expenses. 625.00 ____________ 31,065.00however, in the operative portion of the order, the tribunal has awarded the amount of rs. 31,465/- and has directed the respondents original opponents to pay the said amount with 6% running interest from the date of application till realisation together with proportionate cost. before the tribunal the original claim was for rs. 70,000/- and to (he extent as indicated above, the tribunal granted the claim. now in this appeal, the appellant prays for further amount of rs. 30,000/.3. the age of the appellant claimant is 20. he was doing labour work and the tribunal came to the conclusion that permanent; partial.....
Judgment:

A.P. Ravani, J.

1. The original claimant who met with an automobile accident and in whose favour an award of Rs.31,465/- has been passed on 25-9-1980 by the Motor Accident Claim,s Tribunal (main)Suratinmotor Accident Claims Petition No. 288 of 1979, has preferred this appeal and has prayed for enhanced compensation of Rs. 30,000/- The dispute is with regard to the quantum of compensation only.

2. There is no dispute with regard to the fact the appellant met with an automobile accident and as a result of the injury received by him left leg was required to be aputated. The Tribul awarded compensation as follows:

Rs.

(1) Pain, shock and suffering. 20,000.00

(2) Future economic loss. 10,440,00

(3) Expenses. 625.00

____________

31,065.00

However, in the operative portion of the order, the tribunal has awarded the amount of Rs. 31,465/- and has directed the respondents original opponents to pay the said amount with 6% running interest from the date of application till realisation together with proportionate cost. Before the Tribunal the original claim was for Rs. 70,000/- and to (he extent as indicated above, the tribunal granted the claim. Now in this appeal, the appellant prays for further amount of Rs. 30,000/.

3. The age of the appellant claimant is 20. He was doing labour work and the tribunal came to the conclusion that permanent; partial disability would be 70% and on the basis, the tribunal calculated the future economic loss. We see that there is grave error in adopting this method. A labourer who has lost one of his legs would not be in a position to do any manual work whatsoever and he has to maintain himself and family for the entire life. The tribunal also appears to have committed mistake in assessing his income to be Rs. 5.50 per day and again holding that he would get work only for 15 days in a month and on that basis coming to the conclusion that he would have earned only Rs. 83/- per month. Having regard to the facts and circum stances of the case and having regard to the normal economic activity in our society, it would be reasonable to inter that an able bodied man would have earned at least Rs. 10/- per day and on that basis the income of the appellant claimant should have been assessed. In the facts and circumstances of the case, particularly in view of the fact that the claimant is likely to be in a position to do some work while sitting his permanent loss of earning capacity should be assessed at least Rs. 175/- per month. On this basis the future annual economic loss would be as follows;

Rs. 175 X 12=2,100.

Applying the multiplier of 15, the future economic loss would be Rs. 31,500/-. On this count, the tribunal has awarded Rs. 10,440/- only. This amount of Rs. 10,440/- is required to be substituted by Rs. 31,500/-.

4. In the result, the appeal is allowed. The award passed by the tribunal shall stated modified as follows:

5. The appellant-claimant shall recover Rs. 52,125/- with 6% running interest from the date of the application till realisation together with proportionate costs (of the tribunal as well as of this Court) from opponents Nos. 1, 2 and 3. Rest of the claim will have to be disallowed.

6. In view of the facts and circumstances of the case, it is directed that the entire enhanced amount awarded in this appeal shall be deposited and invested by the tribunal in a nationalised bank in long term deposits or in National Savings Certificate VI series. The amount of interest that may accrue on such deposits shall be paid to the appellant-claimant periodically. The tribunal is directed to see that the least possible inconvenience is caused to the appellant claimant in receiving the amount of interest. It is directed that the respondents shall deposit the amount as awarded within a period of three months from today.


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