FA/1405/1988 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1405 of 1988 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA ====================================== 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 ? ====================================== MAYADEVI SAJANDAS Versus HASIMALI ANAYAT TULLAKHAN AND OTHERS ====================================== Appearance : MR SN SHELAT for Appellant Nos.1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,1.2.8 MR MG NAGARKAR for Appellant Nos.1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,1.2.8 MR SJ GAEKWAD for Appellant Nos.1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,1.2.8 RULE UNSERVED for Respondent no.1. None for Respondent no.2. MR SUNIL B PARIKH for Respondent no.3. ====================================== CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 29/01/2008 ORAL JUDGMENT FA/1405/1988 2/3 JUDGMENT 1. The original claimant, by now deceased and represented by his heirs, has preferred this appeal for enhancement of compensation awarded by common award dated 17th March 1988 of MACT (Main), Surat, inter alia, in MACP No.419 of 1983. Even as the award is made for Rs.2 Lacs, the appellant has pressed the appeal for addition of Rs.1 Lac to the amount of compensation. It was submitted by learned counsel, Mr.Gaekwad appearing with learned senior advocate, Mr.S.N.Shelat that in view of uncontroverted evidence about permanent disablement of 62% of the upper limb and 16% of the right lower limb, the overall disability taken to be 25% for assessing the future loss was too conservative and unjustified. He further submitted that the award of Rs.10,000/- towards pain, shock and suffering was also on lower side in view of multiple injuries and fractures received by the original claimant and the record of prolonged treatment and hospitalization. 2. Learned counsel, Mr.Sunil B. Parikh, appearing for respondent no.3 supported the impugned award with the submission that the amount of compensation under several heads was appropriately assessed. However, in view of uncontroverted facts and circumstances of the case and the actual loss of working capacity, future loss is required to be assessed at 30% of the prospective income which would increase the yearly loss to Rs.12,000/- and applying the multiplier of 15, a total loss under the head of future economic loss would be increased by Rs.30,000/-. To that may be added additional Rs.10,000/- towards pain, shock and suffering and other related expense. Thus, the original claimant is held to be entitled to additional compensation of Rs.40,000/-. Accordingly, the appeal is partly allowed with the direction that the appellants herein shall be entitled to additional compensation of Rs.40,000/- with interest at the rate of 9% from the date of application till realization. The claimants shall have liberty to apply before the FA/1405/1988 3/3 JUDGMENT tribunal concerned for appropriate distribution and disbursement of the amount of additional compensation with interest. (D.H.Waghela, J.) /malek