Gujarat High Court
Virendrasinh Chhatrasinh Joddha vs Chimanbhai @ Ketankumar Manilal Ninama on 8 December, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/4118/2018 ORDER DATED: 08/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4118 of 2018
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VIRENDRASINH CHHATRASINH JODDHA & 2 other(s)
Versus
CHIMANBHAI @ KETANKUMAR MANILAL NINAMA & 1 other(s)
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Appearance:
MR MOHSIN M HAKIM(5396) for the Appellant(s) No. 1,2,3
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 08/12/2023
ORAL ORDER
1. The challenge is given to the judgment and award dated 16.01.2015 by Motor Accident Claims Tribunal (Aux.) at Modasa, Dist. Sabarkantha in MACP No.2262 of 2013 (Old MACP No.320 of 2013).
2. The deceased - Chetnaben, stated to be aged about 23 and studied up to 12th standard, working as supervisor-cum-Clark in Sagar Vidhalaya at Naroda, Ahmedabad was earning Rs.5,000/- per month, thus, the ground has been Page 1 of 8 Downloaded on : Wed Dec 13 20:36:08 IST 2023 NEUTRAL CITATION C/FA/4118/2018 ORDER DATED: 08/12/2023 undefined raised that the income assessed as Rs.3,000/- is not in accordance to the evidence.
3. Mr.Mohsin M.Hakim, learned advocate for the appellants submitted that necessary cogent documents were produced on record by way of Exh.53, which is salary slip certificate of Sagar Vidhyalaya, Naroda reflecting the income of Rs.5,000/-, and the deposition was given by Kiritbhai Shankerbhai Patel, Principal in Sagar Vidhyalaya, who has affirmed the certificate, Exh.53.
3.1 Advocate Mr. Hakim submitted that the school was a non-grantable. The fact that the deceased was serving in Sagar Vidhyalaya has been proved by the evidence of Principal, and further the income Rs.5,000/- paid to the deceased has also been proved, and there was no reason to disbelieve the Principal merely considering that no receipt or voucher about the payment has been Page 2 of 8 Downloaded on : Wed Dec 13 20:36:08 IST 2023 NEUTRAL CITATION C/FA/4118/2018 ORDER DATED: 08/12/2023 undefined shown.
3.2 Advocate Mr. Hakim further stated that as per Magma General Insurance Company Ltd. Vs. Nanu Ram Alias Chuhru Ram & Ors., reported in (2018) SCC 130 [2018 ACJ 2782], now consortium loss has to be considered rather than loss of love and affection.
4. Mr. Vibhuti Nanavati, learned advocate for the insurance company submitted that the amount as assessed is just and proper and reasonable amount has been granted as compensation under the different heads, which are as under:
Heads Amount Future loss of dependency Rs. 3,24,000/- Loss of Estate Rs. 10,000/- Loss of love and affection Rs. 10,000/- Funeral expenses etc. Rs. 5,000/- Pain, shock and suffering Rs. 5,000/- Total Compensation Rs. 3,54,000/- Page 3 of 8 Downloaded on : Wed Dec 13 20:36:08 IST 2023 NEUTRAL CITATION C/FA/4118/2018 ORDER DATED: 08/12/2023 undefined
5. The case of the claimants, as was urged before the Tribunal was that, on 29.11.2012, at about 04:00 p.m. on Gabhoi - Manpuri Road, in the outskirt of village Manpuri, near the farm of Navneetbhai Prabhudas Patel, the deceased Chetnaben along with others were travelling in Rickshaw No.GJ-9-Z-6349 from village Gabhoi to attain marriage ceremony at village Hunj. The rickshaw was driven by opponent no.1, when they reached at the outskirt village Manpuri near farm of Navneetbhai Prabhudas Patel, because of driving rash and in negligent manner, the driver, lost control over steering, the rickshaw turned turtle; as a result, all the persons travelling in the rickshaw sustained injury. The deceased Chetnaben also received injuries and was taken for medical treatment at Medistar Hospital, Himmatnagar, and after few hours of struggle, she died.
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6. The income of the deceased, aged about 23 years, has been proved by way of examining the Principal of Sagar Vidhyalaya, Naroda, who had affirmed the income certificate, Exh.53. There was no reason to disbelieve the witness, and further taking into consideration the date of death, the amount, as would be paid in form of salary to the deceased who was on the job of supervisor-cum-clark, is just and would be in accordance to the cost of living index prevalent at the time of accident. Thus, in view of the evidence on record, the income is required to be assessed as Rs.5,000/- per month. 6.1 Taking into consideration the age, 40% prospective rise is required to be assessed in accordance to National Insurance Company Ltd. v. Pranay Sethi and Ors., AIR 2017 SC 5157, and, thus monthly income would come to Rs.7,000/- (5,000 + 2000). Since Chetnaben died unmarried, half of the amount is required to be deducted Page 5 of 8 Downloaded on : Wed Dec 13 20:36:08 IST 2023 NEUTRAL CITATION C/FA/4118/2018 ORDER DATED: 08/12/2023 undefined under the head of personal expenses; hence, monthly dependency loss would come to Rs.3,500/- (7,000 / ½).
6.1 Assessing the monthly income, applying multiplier of 18, the loss of dependency would come to Rs.7,56,000/- (3,500 x 12 x 18). 6.2 As per National Insurance Company Ltd. v. Pranay Sethi and Ors. (supra), the amount under funeral expenses is required to be granted as Rs.15,000/-. As submitted, Chetnaben died on the spot, thus, no amount under the head of pain, shock and sufferings is required to be granted. 6.3 The learned Tribunal has granted Rs.10,000/- under the head of loss of love and affection, but as the claimants are aged parents, thus, in view of case of Magma General Insurance Company Ltd. Vs. Nanu Ram Alias Chuhru Ram & Ors., reported in (2018) SCC 130 [2018 ACJ 2782], Page 6 of 8 Downloaded on : Wed Dec 13 20:36:08 IST 2023 NEUTRAL CITATION C/FA/4118/2018 ORDER DATED: 08/12/2023 undefined the consortium loss to the parents, Rs.40,000/- for each of the parents is required to be granted; thus, under the head of loss of consortium, Rs.80,000/- is granted.
7. Thus, in view of the above, the computation is as under:
Heads Amount Future loss of dependency Rs. 7,56,000/- Loss to Estate Rs. 15,000/- Funeral expenses etc. Rs. 15,000/- Loss of consortium Rs. 80,000/- Total Compensation Rs. 8,66,000/-
8. The Tribunal has granted compensation of Rs.3,54,000/- at the rate of 8%. The enhanced amount of Rs.5,12,000/- [8,66,000 - 3,54,000) be paid in equal proportion to both the parents within eight weeks from the date of receipt of writ of this order at the rate of 7.5%.
10. In the result, the appeal is partly Page 7 of 8 Downloaded on : Wed Dec 13 20:36:08 IST 2023 NEUTRAL CITATION C/FA/4118/2018 ORDER DATED: 08/12/2023 undefined allowed. The impugned judgment and award dated 16.01.2015 by Motor Accident Claims Tribunal (Aux.) at Modasa, Dist. Sabarkantha in MACP No.2262 of 2013 (Old MACP No.320 of 2013), stands modified to the aforesaid extent. No order as to costs. Record & Proceedings, if any, be sent back to the concerned tribunal.
(GITA GOPI,J) Pankaj Page 8 of 8 Downloaded on : Wed Dec 13 20:36:08 IST 2023