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Judgment
M.D. Shah, J.—These first appeals have been filed by the original claimants under Sec. 173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the common judgments and award dated 7-7-2008 passed by the Motor Accidents Claims Tribunal(Aux.), F.T.C. No. 5, at Vadodara, in MACP Nos. 996 of 2005, 997 of 2005, 998 of 2005, 999 of 2005, 1207 of 2005 and 1208 of 2005. All these claim petitions arise out of same accident which is alleged to have occurred on 19-5-2005 at about 3''O clock on Dharmaj-Tarapur Highway Road in front of Shiv Petrol Pump. All the passengers were travelling in Maruti Van No. GJ-7-H-9816 from Sankheda to Gandhidham and when they were passing on Dharmaj-Tarapur Highway road and as truck No. GJ-1-AT-6748 going ahead of said Maruti Van suddenly applied brake, the driver of Maruti Van lost control over the truck and dashed with the truck causing injuries to the claimants. Upon hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned common judgments and award was passed by the Tribunal.
I have heard learned advocates for the respective parties and have also taken into consideration the impugned judgments and award together with relevant oral as well as documentary evidence such as FIR and panchnama and other evidence.
The learned advocate for the appellants has restricted his arguments only on the aspect of quantum.
As far as First Appeal No. 4309 of 2009 which arises from MACP No. 996 of 2005 is concerned, he submitted that the injured was aged 27 years and incurred huge expenses towards medicine Appeal No. 4310 of 2009 which arises from MACP No. 997 of 2005 is concerned, he submitted that injured minor suffered disability on her left lower limp. As far as First Appeal No. 4315 of 2009 which arises from MACP No. 998 of 2005 is concerned, he submitted that injured was aged 45 years and was earning by doing coaching classes. As far as First Appeal No. 4316 of 2009 which arises from MACP No. 999 of 2005 is concerned, he submitted that injured was aged 45 years and was earning by doing coaching classes. As far as First Appeal No. 4317 of 2009 which arises from MACP No. 1207 of 2005 is concerned, it is submitted that injured was aged 70 years and was admitted for fractures having 16% disablement. As far as First Appeal No. 4318 of 2009 which arises from MACP No. 1208 of 2005 is concerned, it is submitted that the injured was aged 60 years and was admitted for fracture injuries having 14% disablement. Considering the above facts, it is requested that reasonable amounts may be additionally awarded in all the above cases.
This Court has gone through the impugned judgments and award together with oral as well as documentary evidence on record.
In First Appeal No. 4309 of 2009 which arises from MACP No. 996 of 2005, the injured aged 27 years suffered fractures and was admitted in the hospital from 19-5-2005 to 26-5-2005. He was doing agriculture and selling of milk. He incurred huge expenses towards medicines and hence, if an amount of Rs. 40,000/- is additionally awarded to the claimant, ends of justice would be met.
In First Appeal No. 4310 of 2009 which arises from MACP No. 997 of 2005, the injured minor aged 6 years suffered disability on her left lower limp and was to be admitted in the hospital for treatment and her study was badly affected. In view of this, if an amount of Rs. 35,000/- is additionally awarded to the claimant, ends of justice would be met.
It seems that in First Appeal No. 4315 of 2009 which arises from MACP No. 998 of 2005, the injured remained as an indoor patient from 19-5-2005 to 26-5-2005. She was earning by running coaching classes and have incurred huge expenses towards medical expenses. Considering these aspects and considering her age as 45 years, if an amount of Rs. 25,000/- is additionally awarded, ends of justice would be met.
In First Appeal No. 4316 of 2009 which arises from MACP No. 999 of 2005, the injured remained as an indoor patient from 19-5-2005 to 26-5-2005. Considering her age as 70 years and the fact that she incurred huge expenses towards medical expenses, if an amount of Rs. 30,000/- is additionally awarded, ends of justice would be met.
In First Appeal No. 4317 of 2009 which arises from MACP No. 1207 of 2005, the injured was admitted for fractures having 16% disablement. Considering his age as 70 years and the fact that he was earning by doing tailoring work, if an amount of Rs. 30,000/- is additionally awarded, ends of justice would be met.
In First Appeal No. 4318 of 2009 which arises from MACP No. 1208 of 2005, the injured was admitted for fracture injuries having 14% disablement. Considering her age as 60 years and the fact that she was earning by doing tailoring work, if an amount of Rs. 30,000/- is additionally awarded, ends of justice would be met.
Thus, all the First Appeals are partly allowed. The claimants are entitled to additional compensation amounts in the following manner:
The claimants in the aforesaid cases are entitled to the additional amounts with interest @ 8% per annum on those additional amounts. The impugned judgment and award dated is modified only to the aforesaid extent. The remaining part of the impugned judgment and award would remain unaltered. The Insurance Company shall deposit the additional amounts with interest within a period of six weeks from today
Office to send back the records and proceedings, if any, forthwith. Office to place a copy of this judgment in each appeal.