NEUTRAL CITATION
C/FA/4874/2010 ORDER DATED: 07/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4874 of 2010
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JAYANTIBHAI BACHUBHAI SOLANKI & 1 other(s)
Versus
ABDULBHAI OSMANBHAI & 2 other(s)
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2
MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 2
MR PJ KANABAR(1416) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 07/10/2023
ORAL ORDER
1. Being dissatisfied with the quantum of compensation, the original claimants have preferred the present appeal seeking enhancement of compensation awarded by the claim Tribunal, Amreli.
2. On 01.06.2004, deceased Vijay Solanki, aged about 18 years, met with an accident, when the tempo in which he was travelling, collided with offending truck, as a result of which, he died on the spot. The appellants being a parents, had filed claim petition (297 of 2004) before the Claim Tribunal, at Amreli, claiming compensation against the owner and Insurance Company of the tanker. The learned Tribunal vide its judgment and award dated 30.09.2010, awarded a sum of Rs.1,05,000/- with interest at the rate of 9% and directed the Insurance Company to pay the same to the appellants.
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3. Being aggrieved with the amount of compensation, the appellants are before this Court.
4. Mr. Hiren Modi, learned counsel appearing for the appellants has contended that, the learned Tribunal committed an error while considering the notional income of Rs.15,000/- p.a. and without prospective income, a meager amount under the dependency loss having been considered, which requires interference as the award is on lower side.
5. On the other hand, learned counsel Mr. H.G. Majmudar for the Insurance Company has submitted that the incident in question was occurred in the year 1988 and therefore, the income of the deceased having been properly taken into account by the Tribunal and same does not warrant any interference by this Court.
6. Having heard the learned counsel for the respective parties and on perusal of the judgment impugned, the issue fall for consideration of this Court is as to whether the amount determine by the Tribunal needs interference?
7. The factum of accident, involvement of vehicle and age of the deceased are not in dispute. At relevant time, the deceased was not married. According to case of the appellants, deceased was in seasonal business of mango and was earning Rs.3000/- p.m. In such kind of business, the market would always controlled by the broker etc. and therefore in order to prove the income, so far as Page 2 of 3 Downloaded on : Wed Oct 11 20:36:49 IST 2023 NEUTRAL CITATION C/FA/4874/2010 ORDER DATED: 07/10/2023 undefined present case is concerned, it is difficult for the original claimants to adduce the evidence to establish the income of the deceased. Thus, the learned Tribunal failed to appreciate this aspect and had taken into consideration Rs. 15000/- as notional income, which is little bit on lower side and therefore, the income could have considered as Rs.1800/- p.m. by the Tribunal. Thus, taking into consideration Rs.1800/- as monthly income, the amount awarded is deserves to be modified and accordingly, the following amount is payable to the claimants:
Dependency Loss : Rs.2,72,160(1800X12=21600+40%= 30240-1/2=15120X18) 2,72,160/-
Conventional amount: Rs.1,10,000/- (80,000+30000) ========== Total Rs.3,82,160/-
8. For the aforestated reasons, the appellants are entitled for the enhanced amount of Rs.2,77,000 (3,82,160-1,05,160). The enhanced amount will carry the rate of interest at the rate of 6% from the date of claim petition. The Insurance Company shall deposit the amount of compensation with interest within 2 months from the receipt of this judgment and award. The claim Tribunal shall disburse the entire amount without making further investment in the FDRs to the claimants through RTGS mode or any other electrical mode. Decree be drawn accordingly.
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