NEUTRAL CITATION
C/FA/1980/2009 ORDER DATED: 07/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1980 of 2009
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KAKIBEN,WD/O PAULBHAI RATNABHAI CHAUHAN & 6 other(s)
Versus
VIJAYKUMAR DEVRAJ SHARMA & 2 other(s)
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Appearance:
MR AV PRAJAPATI(672) for the Appellant(s) No. 1,2,3,5,6
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 1,2
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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, Nadiad at Kheda.
2. On 23.12.1988, deceased Paul Ratna, aged about 33 years, met with an accident, when he being rider of the Luna Moped, hit by the questioned tanker. As a result of which, he sustained fetal injuries and died later on. The appellants being a parents, had filed claim petition (205 of 1990) before the Claim Tribunal, Nadiad at Kheda, claiming compensation against the owner and Insurance Company of the tanker. The learned Tribunal vide its judgment and award dated 30.09.2004, awarded a sum of Rs.1,65,200/- 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. A.V. Prajapati, learned counsel appearing for the appellants has contended that, the judgment and award is contrary to the settled principle of just compensation as learned Tribunal failed to consider the prospective income of the deceased and the amount awarded 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. Deceased was permanent employee of the Civil Hospital, Ahmedabad, as he was working as a Laboratory Assistant with the hospital and his monthly salary as per salary slip was Rs.1350/-. The appellants are widow, mother, major sons and two minor sons. On perusal of the findings on the aspect of quantum, this Court is of considered view that the amount of prospective income having not been considered and deduction Page 2 of 3 Downloaded on : Sat Oct 07 20:49:46 IST 2023 NEUTRAL CITATION C/FA/1980/2009 ORDER DATED: 07/10/2023 undefined towards the personal expenses is also contrary to the judgment of Apex Court (Pranay Shethi). In such circumstances, this Court is of considered view that the amount awarded deserves to be modified. Accordingly, the following amount is payable to the appellants:
Dependency Loss: Rs. 2,21,088 (1350+30%-1/4X12X14= 2,21,088) Conventional Amount: Rs.80,000/-
Loss to Estate : Rs.15,000/-
Funeral Exps. : Rs.15,000/-
Damage suffered to Luna:Rs.1000/-
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Total : Rs.3,32,088/-
8. For the aforestated reasons, the appellants are entitled for the enhanced amount of Rs.1,66,888 (3,32,088-1,65,200). 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. Decree be drawn accordingly.
(ILESH J. VORA,J) P.S. JOSHI Page 3 of 3 Downloaded on : Sat Oct 07 20:49:46 IST 2023