VIRBHADRASINGH BALDEVSINGH GOHIL Vs. HARILAL JIVRAJBHAI HALANI

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - Insurance Company, being aggrieved and dissatisfied with the common judgment and award dtd. 4/12/2010 passed by the Motor Accident Claims Tribunal (Aux.), Surendranagar in Motor Accident Claim Petition No. 319 of 1999, by which the Tribunal has awarded compensation of Rs.3,31,200.00 with 9% per annum interest to the claimants, holding Opponents No. 4 to 6 i.e. owner, insurance company and driver of the truck, liable, jointly and severally. Whereas the Tribunal has exonerated the owner, driver and insurance company of metador in which the deceased was travelling.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Ms. Amrita Ajmera for the appellants - claimants has fairly submitted that the Tribunal has committed an error in not properly calculating the amount of compensation under the head of pain, shock and suffering as well as under the head of loss of consortium only. She has submitted that the rest of the award of the Tribunal is just and proper and need to be interfered with by this Court. She has submitted that it is a matter of record that the deceased was admitted in the hospital for a long time, therefore, the amount under the head of pain, shock and suffering would be Rs.1.00lakh considering the injuries and hospitalisation as well as keeping in view the decisions of Hon'ble Apex Court in the case of (i) National Insurance Company Limited versus Pranay Shethi reported in (2017) 16 SCC 680 and (ii) Magma General Insurance Company Limited versus Nanu Ram and others reported in (2018) 18 SCC 130. She has further submitted that under the head of loss of consortium, Rs.80,000.00 would be proper to award to the claimant as compensation by the Tribunal considering the decisions of Hon'ble Apex Court in the case of : (i) New India Assurance Co. Ltd. v. Somwati and others , reported in 2020 (9) SCC 644 and (ii) United India Insurance Co. Ltd., versus Satinder Kaur @ Satwinder Kaur reported in (2021) 11 SCC 780. She has submitted that rest of award passed by the Tribunal is just and proper. She has submitted that the impugned award be modified to the above extent only and the appeal may be allowed.