Kishore Singh Digvijay Singh Zala vs Yakubbhai Adambhai Ghanchi

                                                                                          NEUTRAL CITATION




       C/FA/2756/2009                                      ORDER DATED: 14/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 2756 of 2009

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              KISHORE SINGH DIGVIJAY SINGH ZALA & 1 other(s)
                                Versus
                 YAKUBBHAI ADAMBHAI GHANCHI & 2 other(s)
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Appearance:
MR EKANT G AHUJA(5323) for the Appellant(s) No. 1,2
for the Defendant(s) No. 2
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
                      Date : 14/09/2023
                       ORAL ORDER

1. Being dissatisfied with the quantum of compensation awarded by the Tribunal at Ahmedabad, the original claimants have filed present appeal, seeking enhancement of compensation.

2. Deceased - Vijyaba, mother of the appellants and wife of Digvijaysinh Jhala sustained fatal injuries in a road accident. The vehicle in which she was travelling, met with an accident as the driver had lost control over the vehicle. The appellants - original claimants had filed a claim petition (No.1687 of 1995) before the Tribunal at Ahmedabad claiming compensation Rs.6,00,000/-. The Tribunal vide its judgment and award dated 29.11.2008, awarded Rs.2,41,000/-, towards compensation with interest 9% per annum.

3. Being dissatisfied with the said amount of compensation, the appellants are before this Court.

NEUTRAL CITATION C/FA/2756/2009 ORDER DATED: 14/09/2023 undefined

4. This Court has heard learned counsel Mr.Ekant Ahuja appearing for and on behalf of the appellants. He submitted that the Tribunal while awarding the amount, did not have considered the services rendered by the deceased to the family and therefore, the amount awarded is on lower side and it is against the principle of just compensation.

5. On the other hand, Mr.Majmudar, learned counsel appearing for the Insurance Company has submitted that considering the age and the status of the deceased being housewife, the Tribunal has rightly determined the dependency loss which cannot be termed as unjust and inequitable.

6. Having heard learned counsels for the respective parties and on perusal of the records, the issue fell for consideration is whether the amount of compensation, as determined by the Tribunal, needs any interference.

7. In the facts of present case, deceased was housewife and at the time of accident, her age was 54 years. In order to determine the dependency loss, the Tribunal has taken into consideration monthly income and after deducting 1/3rd and applying the multiplier 12, the amount was determined. In these background facts, this Court is of the considered view that the monthly income determined by the Tribunal is on lower side. The Tribunal has overlooked the services of the wife/mother of the family. In Arun Kumar Agarwal (2010 ACJ 2161), it has been observed that in India, the Courts have recognized that the contribution made by the wife and/or mother of the house Page 2 of 3 Downloaded on : Mon Sep 18 20:38:20 IST 2023 NEUTRAL CITATION C/FA/2756/2009 ORDER DATED: 14/09/2023 undefined is invaluable and cannot computed in terms of money. However, for the purpose of award of compensation to the dependents, some peculiar estimate has to be made to the services of housewife/mother and they are entitled to adequate compensation in lieu of the loss of gratuitous services rendered by the deceased.

8. In light of the settled position of law and considering the peculiar facts and circumstances of present case, the appellants are entitled for the following enhanced amount:

         Dependency loss              - Rs.2,90,400/-
                                     (Rs.3,000/- + 10% X 12 X 11)
     Conventional amount              - Rs.70,000/-
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                               Total - Rs.3,60,400/-
         Awarded amount                Rs.2,41,000/-
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         Enhanced amount                Rs.1,19,400/-

9. For the reasons recorded, the present appeal is allowed in part. The appellants are entitled for the enhanced amount Rs.1,19,400/-. The enhanced amount shall carry interest at the rate of 6%. The Insurance Company is directed to deposit the said amount, within eight weeks. Decree be drawn accordingly.

(ILESH J. VORA,J) Rakesh Page 3 of 3 Downloaded on : Mon Sep 18 20:38:20 IST 2023