PRAMODKUMAR RASIKBHAI JHAVERI Vs. KARMASEY KUNVARGI TAK
LAWS(SC)-2002-8-30
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
August 05,2002
PRAMODKUMAR RASIKBHAI JHAVERI
Appellant
VERSUS
KARMASEY KUNVARGI TAK
Respondents
Referred Judgements :-
SWADLING V. COOPER [REFERRED]ASTLEY V. AUSTRUST LTD. [REFERRED]
Cited Judgements :-
SBI GENERAL INSURANCE COMPANY LIMITED VS. ALKA SHARMA [LAWS(P&H)-2017-10-78] [REFERRED TO]PUSHPA DEVI AND OTHERS VS. SHARIF KHAN AND OTHERS [LAWS(RAJ)-2018-3-182] [REFERRED TO]
JUJIN MARTIN S/O JOHN LUK VS. YUSUF S/O MAQDUM SAB MAJOR [LAWS(KAR)-2018-1-373] [REFERRED TO]
RAJANI A. PADIYAR VS. M.R. LINGARAJU [LAWS(KAR)-2020-2-123] [REFERRED TO]
VELLAGADA DURGAPRASADARAO VS. B.CHIRANJEEVULU [LAWS(APH)-2023-7-29] [REFERRED TO]
SHABNAM KAUSAR BANO VS. T. AGRAJAN [LAWS(CHH)-2020-2-185] [REFERRED TO]
UTTARAKHAND STATE ROAD TRANSPORT CORP. VS. RAM SUMER SINGH [LAWS(ALL)-2021-9-39] [REFERRED TO]
THE NATOINAL INSURANCE COMPANY LIMITED VS. KUNAL BHARATBHAI SHAH [LAWS(GJH)-2020-2-469] [REFERRED TO]
NAMRATA ANIL YADAV VS. BHUPENDRA MANOHAR BHOIR [LAWS(BOM)-2022-4-42] [REFERRED TO]
ANITA BHALLA VS. RAJESH BATRA [LAWS(ALL)-2014-5-199] [REFERRED TO]
GOPAL KANWAR AND ORS. VS. SHRAVAN AND ORS. [LAWS(RAJ)-2015-2-225] [REFERRED TO]
RAJASTHAN STATE ROAD TRANSPORT CORPORATION VS. KAMLESH BAI [LAWS(RAJ)-2019-1-246] [REFERRED TO]
K JAYARAMAN VS. DISTRICT COLLECTOR [LAWS(MAD)-2017-7-241] [REFERRED TO]
HITESH SRIMALI VS. MOHD. JAVED [LAWS(RAJ)-2014-1-7] [REFERRED TO]
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED VS. MASTER SURAJ SUBBA [LAWS(SIK)-2013-8-1] [REFERRED TO]
PRANATI PHOOKAN VS. ICICI LOMBARD GENERAL INS. CO. LTD [LAWS(GAU)-2022-1-176] [REFERRED TO]
S. MANJULA DEVI VS. BRIJPAL SINGH [LAWS(MAD)-2016-11-71] [REFERRED TO]
RATNA CHAUDHURI VS. STATE OF HARYANA [LAWS(P&H)-2005-12-8] [REFERRED TO]
PRADEEP VS. SANIEEV [LAWS(P&H)-2015-4-399] [REFERRED TO]
U.P. STATE ROAD TRANSPORT CORPORATION, VARANASI VS. RAM BHANI [LAWS(ALL)-2017-8-498] [REFERRED TO]
DINESH SAINI VS. DEVASHISH GHOSH AND OTHERS [LAWS(DLH)-2017-3-282] [REFERRED TO]
SANTOSH VS. RAMESH KUMAR [LAWS(P&H)-2015-4-509] [REFERRED TO]
USHA RAJKHOWA VS. PARAMOUNT INDUSTRIES [LAWS(SC)-2009-2-73] [REFERRED TO]
THE BRANCH MANAGER, UNITED INSURANCE CO. LTD., DEORALI BAZAR, N.H. 31A, GANGTOK, EAST SIKKIM VS. MS. LILY ONGMU LEPCHA, D/O LATE LODEN TSHERING LEPCHA, R/O UPPER BURTUK, P.O. & P.S. GANGTOK, EAST SIKKIM [LAWS(SIK)-2016-10-1] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. CHAMPABATI RAY [LAWS(GAU)-2019-10-2] [REFERRED TO]
DEVARAJU T. VS. UNITED INDIA INSURANCE COMPANY LTD. [LAWS(KAR)-2013-12-91] [REFERRED TO]
KOMAL PRASAD SHUKLA VS. RAJ NATH YADAV [LAWS(CHH)-2019-6-96] [REFERRED TO]
SOBNATH SAHU VS. MOHD MAHFUJ ALAM [LAWS(CHH)-2014-1-41] [REFERRED TO]
URMILA TYAGI & ORS VS. AKBAR KHAN & ORS [LAWS(DLH)-2014-11-492] [REFERRED]
BOMBAY ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING VS. PRADEEP GYANCHANDRA DUBEY [LAWS(BOM)-2023-10-30] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. BIJANTI BALA ROY [LAWS(GAU)-2019-9-4] [REFERRED TO]
NANDESWAR BAGLARY VS. STATE OF ASSAM [LAWS(GAU)-2004-3-51] [REFERRED TO]
BINA MAHATO VS. ORIENTAL INSURANCE CO. LTD [LAWS(CAL)-2023-9-141] [REFERRED TO]
KRISHAN KUMAR VS. SANIEEV [LAWS(P&H)-2015-4-388] [REFERRED TO]
RELIANCE GENERAL INSURANCE COMPANY LIMITED AND ORS. VS. PREMI DEVI AND ORS. [LAWS(P&H)-2015-8-140] [REFERRED TO]
PREM LAL ANAND VS. NARENDRA KUMAR [LAWS(SC)-2024-8-16] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. SEEMA PANDEY [LAWS(CHH)-2013-11-18] [REFERRED TO]
RANJEET KOUR VS. UNION OF INDIA [LAWS(J&K)-2008-12-4] [REFERRED TO]
DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO LTD VS. SHRINIVAS RAMACHANDRA NEKAR [LAWS(KAR)-2018-1-392] [REFERRED TO]
VIDYA SONI VS. PUSHPESH DWIVEDI [LAWS(MPH)-2008-7-55] [REFERRED TO]
K. ANUSHA VS. REGIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO.LTD [LAWS(SC)-2021-10-62] [REFERRED TO]
RUPAK DAS VS. DIRECTOR GENERAL OF POLICE [LAWS(TRIP)-2019-3-11] [REFERRED TO]
ARUN SAHA VS. UNION OF INDIA [LAWS(GAU)-2006-6-73] [REFERRED TO]
MAHESH HARSUKHALAL DHURUVA VS. VISHAL JHUNJHUNWALAL [LAWS(BOM)-2023-8-522] [REFERRED TO]
JANKI BAI VS. SANDEEP KUMAR [LAWS(CHH)-2020-10-74] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SAVITRI SINGH [LAWS(ALL)-2012-9-14] [REFERRED TO]
DEVISINGH VS. VIKRAMSINGH [LAWS(MPH)-2007-10-41] [REFERRED TO]
DEEPAK VS. SANJEEV [LAWS(P&H)-2015-4-510] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. ROMA SAVAPANDIT AND ORS. [LAWS(GAU)-2015-2-122] [REFERRED TO]
GODAVARI DEVI SHARMA VS. UNITED INDIA INSURANCE COMPA-NY LTD [LAWS(GAU)-2012-6-95] [REFERRED TO]
KOOSAPPA POOJARI VS. K SADABBA [LAWS(KAR)-2003-11-36] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. SMT. RAJAMMA [LAWS(KAR)-2016-11-130] [REFERRED TO]
NANJAMMA VS. DIVISIONAL CONTROLLER, KSRTC [LAWS(KAR)-2020-11-248] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. RADHA THEVANNOOR [LAWS(MAD)-2023-4-32] [REFERRED TO]
SURENDRABHAI CHUNILAL SHETH VS. ORIENTAL INSURANCE CO LTD [LAWS(GJH)-2008-5-16] [REFERRED TO]
MEHULBHAI SURENDRABHAI SHETH VS. ORIENTAL INSURANCE CO LTD [LAWS(GJH)-2008-5-240] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. GAUTAM DAS [LAWS(GAU)-2024-1-27] [REFERRED TO]
LIBASH VS. AJESH, K.R. GARDENS [LAWS(KER)-2016-3-249] [REFERRED TO]
RAJNI AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2017-3-6] [REFERRED TO]
VANDNA KUMARI VS. RAMESH & ANR (NEW INDIA ASSURANCE CO LTD) [LAWS(DLH)-2018-7-216] [REFERRED TO]
MADAN LAL MISHRA VS. ABDUL KHALID KHAN [LAWS(DLH)-2011-7-281] [REFERRED TO]
MADAN LAL MISHRA VS. ABDUL KHALID KHAN [LAWS(DLH)-2011-7-281] [REFERRED TO]
KALIRAM SAHU VS. CHAMANLAL DEWANGAN [LAWS(CHH)-2013-10-39] [REFERRED TO]
A.G.M. UTTARAKHAND STATE ROAD TRANSPORT CORP. KOTDWAR VS. RAM SUMER SINGH [LAWS(ALL)-2021-9-64] [REFERRED TO]
NEELIMA VERMA VS. DILESHWAR KENWAT [LAWS(CHH)-2013-11-34] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. GANGA MALLIK [LAWS(CAL)-2024-6-12] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. ANUMITA PAUL [LAWS(CAL)-2014-3-109] [REFERRED TO]
KIRAN WD/O RAVINDRA BHANDE VS. M/S. ARIHANT TRANSPORT AGENCIES [LAWS(BOM)-2021-1-160] [REFERRED TO]
LALITHA AND ORS. VS. THE MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION [LAWS(KAR)-2016-3-60] [REFERRED TO]
V SUMA DEVI VS. MOHAMMED NASEERUDDIN [LAWS(KAR)-2016-4-225] [REFERRED]
K.J.JESTINE VS. K.PRASAD [LAWS(KER)-2013-9-57] [REFERRED TO]
NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATION VS. ANZAMMA [LAWS(KAR)-2020-2-161] [REFERRED TO]
MAHESH MATRE VS. AKHLESH THAKUR [LAWS(MPH)-2007-12-10] [REFERRED TO]
KALPANA DEVI PANDEY VS. GABBAR SINGH BAGHEL [LAWS(MPH)-2009-10-62] [REFERRED TO]
AYANA UNNIKRISHNAN VS. SREEJITH [LAWS(KER)-2019-5-34] [REFERRED TO]
BRANCH MANAGER VS. SHEPHALIKA SINHA [LAWS(TRIP)-2018-6-5] [REFERRED TO]
DHANPATI VS. JAI RAM [LAWS(P&H)-2023-4-91] [REFERRED TO]
RELIANCE GENERAL INSURANCE CO. LTD. VS. BHUPATHI SUJATHA, W/O. LATE SIVAIAH [LAWS(APH)-2022-6-6] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. KANTA THAKUR [LAWS(HPH)-2021-10-109] [REFERRED TO]
MARIYAMMAL VS. J.CORNALIUS [LAWS(MAD)-2016-12-103] [REFERRED TO]
UNITED INSURANCE COMPANY LIMITED VS. ANIL KUMAR GOUR [LAWS(MPH)-2024-2-79] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. NEHA MANUBHAI BALWANTRAI @ BALLUBHAI NAIK [LAWS(GJH)-2019-1-103] [REFERRED TO]
JUDGEMENT
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(1.)The claimant in a motor accident claim case is the appellant before us. The appellant was driving a Fiat car through National Highway 8 on 7-2-1976, on his way to Surat from Ahmedabad and when the car reached near Ankleshwar, a truck bearing Registration No. GTC 4735 came from the opposite side at excessive speed and the car driven by the appellant hit the right side of the said truck and collided with the rear right-side wheels of the truck. The truck, which was loaded with goods, toppled over to its right side and came to a halt at a distance of about 20 feet. As a result, the appellant, his wife and another friend, who were occupants of the car, sustained injuries. They preferred claim petitions before the Motor Accident Claims Tribunal. The three claim petitions were tried jointly and the claims preferred were allowed. In this appeal, we are only concerned with the claim petition preferred by the appellant. The appellant had claimed a total compensation of Rs. 9,98,500/-and the entire claim was allowed. Against that award, the respondent-Insurance Company filed an appeal before the High Court of Gujarat at Ahmedabad and in the appeal, it was held that the appellant was entitled to get compensation to the extent of Rs. 4,72,600/-. However, the High Court held that there was contributory negligence on the part of the appellant to the extent of 30% and proportionate deduction was made from the total compensation. Aggrieved by the same, the present appeal is filed.
(2.)We heard Mr. Sunil Dogra, learned Counsel on behalf of the appellant and Mr. K. L. Nandwani, learned Counsel on behalf of the respondents.
(3.)As regards the amount of compensation due to the appellant, the High Court held that the Tribunal had seriously erred in fixing the total compensation. The High Court held that the award of Rs. 2,36,099/- towards the actual loss of income and another sum of Rs. 4,71,510/- towards the loss of future income and Rs. 2,32,381/- towards loss of expectancy of profit were on the higher side and that the appellant was entitled to Rs. 20,500/- for actual amount of loss of income and another Rs. 3,93,600/- towards loss of future income. The learned Counsel for the appellant strenuously urged before us that the calculation made by the High Court is incorrect and the compensation amount should not have been reduced by the impugned judgment whereas the learned Counsel appearing on behalf of the Insurance Company supported the judgment and contended that the award of a sum of Rs. 3,93,600/- towards the loss of future income is not actually due to the appellant as there was only a partial disability suffered by him and the appellant has been continuing with his business and there was no loss of future earning on this account.
(2.)We heard Mr. Sunil Dogra, learned Counsel on behalf of the appellant and Mr. K. L. Nandwani, learned Counsel on behalf of the respondents.
(3.)As regards the amount of compensation due to the appellant, the High Court held that the Tribunal had seriously erred in fixing the total compensation. The High Court held that the award of Rs. 2,36,099/- towards the actual loss of income and another sum of Rs. 4,71,510/- towards the loss of future income and Rs. 2,32,381/- towards loss of expectancy of profit were on the higher side and that the appellant was entitled to Rs. 20,500/- for actual amount of loss of income and another Rs. 3,93,600/- towards loss of future income. The learned Counsel for the appellant strenuously urged before us that the calculation made by the High Court is incorrect and the compensation amount should not have been reduced by the impugned judgment whereas the learned Counsel appearing on behalf of the Insurance Company supported the judgment and contended that the award of a sum of Rs. 3,93,600/- towards the loss of future income is not actually due to the appellant as there was only a partial disability suffered by him and the appellant has been continuing with his business and there was no loss of future earning on this account.
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