NEUTRAL CITATION
C/FA/220/2010 JUDGMENT DATED: 26/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 220 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ILESH J. VORA
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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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BELIM ANVARBHAI AKBARBHAI & 1 other(s)
Versus
USMANBHAI UMARBHAI LANGHA & 2 other(s)
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Appearance:
MR DK CHAUDHARI(5361) for the Appellant(s) No. 1,2
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 26/09/2023
ORAL JUDGMENT
1. Being dissatisfied with the quantum of compensation awarded by the Claim Tribunal in the case of motor accident, the original claimants being legal heirs of the deceased have preferred the present appeal seeking enhancement of compensation.
2. Deceased Belim Iqbalbhai at the age of 22, died in a road accident Page 1 of 4 Downloaded on : Wed Sep 27 20:42:56 IST 2023 NEUTRAL CITATION C/FA/220/2010 JUDGMENT DATED: 26/09/2023 undefined leaving behind the mother and father. On 02.10.2008, he was on duty as a conductor with the vehicle involved and at the turning point the driver of the vehicle lost control over it as a result the vehicle overturned. The deceased sustained fatal injuries and later on he died. The appellants being parents had filed a Claim Petition No.21 of 2009 before the Claim Tribunal, Viramgam, at Ahmedabad (Rural). The Tribunal, after considering the monthly income of Rs.2,500/- and deducting 1/3rd, awarded the sum of Rs.1,53,000/- towards the dependency loss and under the head of conventional amount, Rs.20,000/- was being awarded.
3. Being aggrieved with the judgement and award dated 04.10.2005 the appellants, by way of this appeal, seek enhancement of compensation.
4. This Court has heard learned counsel Mr. D.K.Chaudhary and Mr.Vibhuti Nanavati, , learned counsel appearing for the respective parties.
5. Mr. D.K.Chaudhary,learned counsel, has submitted that the judgement and decree is being passed contrary to the settled principles of just compensation and, therefore, it requires modification in the form of enhancement by this Court.
6. Mr. Vibhuti Nanavati, learned counsel appearing for the Insurance Company supported the findings recorded on the issue of income and further submitted that there is no evidence of income before the Tribunal and in that circumstances, the Tribunal has rightly determined the monthly income of the deceased, which does not require interference.
7. Having heard the learned counsel for the respective parties, and on Page 2 of 4 Downloaded on : Wed Sep 27 20:42:56 IST 2023 NEUTRAL CITATION C/FA/220/2010 JUDGMENT DATED: 26/09/2023 undefined perusal of the case records, the issue arise for the consideration of this Court is as to whether appellants have made out a case for enhancement in the amount of compensation.
8. In the facts of the present case, the accident, the involvement of the vehicle, the age of the deceased and number of legal heirs are not in dispute. The only issue raised is whether the monthly income determined by the Tribunal is proper or not. It further appears that the learned Tribunal ignored awarding the amount of future prospects. The appellants claimed the amount of compensation on the basis of monthly income of the deceased as Rs.5000/-. Considering the rate of minimum wages prevalent in the year 2005, the Tribunal overlooked the said aspects while determining the monthly income of the deceased. Thus, the Tribunal ought to have considered monthly income of Rs.2600/- per month and to that extent, the amount is required to be modified.
9. In view of the Constitution Bench judgement (Pranay Sethi), the amount of compensation is recomputed and the total compensation payable to claimants is computed below:
Dependency Loss: 3,93,120/-= (2600+1040=3640-1/2th=1820 x12)=21840x18) Conventional amount = 70,000/-
Total = 4,63,120/-
10. In view of the above the appellants, are entitled to get the enhanced amount of compensation Rs.2,90,120/-(4,63,120 -1,73,000-).
11. For the reasons recorded the present appeal is allowed in part. The Insurance Company respondent is directed to pay the said enhanced amount with interest at the rate of 6% from the date of Page 3 of 4 Downloaded on : Wed Sep 27 20:42:56 IST 2023 NEUTRAL CITATION C/FA/220/2010 JUDGMENT DATED: 26/09/2023 undefined claim petition. Decree be drawn accordingly.
12. The Claim Tribunal shall disburse the enhanced amount without making further investment in the FDR.
(ILESH J. VORA,J) SUDHIR Page 4 of 4 Downloaded on : Wed Sep 27 20:42:56 IST 2023