Gujarat High Court
Shobhnaben Mukeshbhai Parmar vs Shahrukh Babukhan Pathan on 6 December, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/2689/2023 JUDGMENT DATED: 06/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2689 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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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 or any order made thereunder ?
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SHOBHNABEN MUKESHBHAI PARMAR
Versus
SHAHRUKH BABUKHAN PATHAN
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Appearance:
MR. SABIR B SAIYYAD(6322) for the Appellant(s) No. 1,2,3
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 2
RULE NOT RECD BACK for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 06/12/2023
ORAL JUDGMENT
1. Heirs of the deceased Mukesh Jashvant Parmar as the claimants have challenged the judgment dated 18.2.2022 passed by the MACT (Aux), Page 1 of 5 Downloaded on : Fri Dec 08 20:40:49 IST 2023 NEUTRAL CITATION C/FA/2689/2023 JUDGMENT DATED: 06/12/2023 undefined Mahisagar at Lunavada in MACP no.2441 of 2017(Old MACP no.728/14). Ground which has been raised is with regard to assessment of the income of the deceased of the skilled labourer. Advocate Mr. Khan submitted that the deceased was doing the centering work and was also working in agricultural field as a labourer. The deceased was aged about 22 at the time of his death. Mr. Khan submitted that at least the Tribunal could have taken the assistance of minimum wages schedule to assess the compensation considering the date of accident.
2. The accident had taken place on 26.2.2013 while the deceased was on motorcycle bearing registration no. GJ-17 AG-932 and was going from Kankanpur to Rinchhrota and when he reached Chhakadiya cross roads at about 19.30 hrs., it is stated that one indigo car bearing registration no. GJ-8 D-9090 came in a rash and negligent manner and dashed the deceased motorcycle. As a result he sustained grievous injuries and died during the treatment. The police complaint at Godhar Police Station was filed as CR No.I-45/13.
3. Advocate Mr. R.P. Raval for the insurance Page 2 of 5 Downloaded on : Fri Dec 08 20:40:49 IST 2023 NEUTRAL CITATION C/FA/2689/2023 JUDGMENT DATED: 06/12/2023 undefined company submitted that the applicants were required to produce documentary proof to satisfy the court that the deceased was doing the centering work and also a farm labourer in absence of any cogent evidence on record. Mr. Raval submitted that the learned Tribunal has rightly considered the income as Rs.3,000/- per month and has granted 40% prospective rise which according to Mr. Raval is just and reasonable and deducted one-third considering the dependency of the widow of the deceased, mother and sister.
4. Considering the date of accident as 26.2.2013 and the fact that the deceased was skilled labourer, the income as per the minimum wages schedule is considered as Rs.5,180/- per month and thus, accordingly, this Court considers that at least the amount as per the minimum wages schedule ought to have been considered in absence of any documentary evidence. Further 40% prospective rise in income is assessed. Hence, monthly income would come to Rs.7,252/- (Rs.5,180/- + Rs.2,072) deducting Page 3 of 5 Downloaded on : Fri Dec 08 20:40:49 IST 2023 NEUTRAL CITATION C/FA/2689/2023 JUDGMENT DATED: 06/12/2023 undefined one-third under personal expenses, the amount would come to Rs.4,835/- (Rs.7,252/- - Rs.2,417/-). Taking annual income with the multiplier of 18, dependency loss would come to Rs.10,44,360/- (Rs.4,835/- x 12 x 18).
5. The claimants would be entitled to consortium loss as mother, widow and daughter. The learned Tribunal has rightly granted Rs.1,32,000/- under the head of consortium loss and has also rightly assessed the loss to estate as Rs.16,500/- and funeral expenses at Rs.16,500/- in accordance to the judgment in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680. The compensation can be computed a under:-
Dependency loss Rs.10,44,360/- Consortium loss Rs. 1,32,000/-
Loss to estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
Total compensation Rs.12,09,360/-
6. As the Tribunal has granted compensation of Rs.7,69,800/- with interest at the rate of 9% per annum, the claimants would be entitled to the enhanced amount of compensation of Page 4 of 5 Downloaded on : Fri Dec 08 20:40:49 IST 2023 NEUTRAL CITATION C/FA/2689/2023 JUDGMENT DATED: 06/12/2023 undefined Rs.4,39,560/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization. The enhanced amount is directed to be deposited within eight weeks from the date of receipt of writ of this Court.
7. From the said amount, 70% of the amount be given to the claimants in proportion as declared by the Tribunal and rest of 30% be invested in a fixed deposit with any nationalized bank for a period of two years.
Interest accruing on such Fixed Deposit shall be accumulated. After two years, total amount be given to the claimants without any reference to the court in the proportion as declared by the Tribunal.
8. The impugned judgment and award be modified accordingly. The appeal is partly allowed. Registry is directed to send the record and proceedings back to the Tribunal, if received.
(GITA GOPI,J) Maulik Page 5 of 5 Downloaded on : Fri Dec 08 20:40:49 IST 2023