FA/5281/2001 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 5281 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = KALPESHBHAI PRANJIVANBHAI PATEL @ LALUBHAI BACHUBHAI Versus BHUDHABHAI SANKARBHAI BHOI AND OTHERS ========================================= =Appearance : MR MTM HAKIM for Appellant(s) : 1, MR AR SHAIKH for Defendant(s) : 1, RULE SERVED BY DS for Defendant(s) : 2, MR KK NAIR for Defendant(s) : 3, ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 06/08/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) 1. Heard the learned counsel for the parties. 2. The learned counsel for the appellant submitted that the FA/5281/2001 2/3 JUDGMENT Tribunal has computed compensation for the claim. The amount awarded under the head of future loss of income has been slashed by the Tribunal assessing the inability of the claimant to be 65%. We find from the record that the Doctor has examined the claimant and has cumulatively assessed it to be over 100%. But, the Tribunal, without there being any substantial material on record has reduced disability to 50%. Thereby assessing it to be 65%. It has reduced the amount pro-rata. According to us, approach of the Tribunal is not correct. We do not treat it to be in consonance with law. Because according to the medical assessment, disability of the claimant is nearly 100%. Without any expert evidence, the amount assessed could not be slashed down by 65%. In that view of the matter, we hereby order that the amount awarded under the head of future loss of income which has been reduced should not have been reduced on account of physical disability. Therefore, the amount awardable under the head of loss of future income, calculating 100% disability comes to Rs.10,20,000/, as against Rs.6,63,000/- assessed by the Tribunal and total amount of compensation comes to Rs.13,99,183/- as against Rs.10,42,183/- as assessed by the Tribunal. Since 60% negligence is attributed to the appellant, deducting Rs.8,39,509/- from Rs.13,99,183/-, the net amount of awardable compensation comes to Rs.5,59,674/-. But, as the Tribunal has awarded Rs.4,16,873/-, the net enhancement comes to Rs.1,42,801/-. Therefore, the appeal is allowed to that extent. The appeal is partly allowed. 3. Record and proceedings be sent to the Court below immediately. (BHAGWATI PRASAD, J.) (S.R.BRAHMBHATT, J.) FA/5281/2001 3/3 JUDGMENT omkar