NEUTRAL CITATION
C/FA/2073/2006 ORDER DATED: 29/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2073 of 2006
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SAKRIBEN WD/O. BACHUBHAI KALIYABHAI PARMAR BHILL & 6 other(s)
Versus
SABBIR AHMED MAKRANI & 1 other(s)
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Appearance:
MR ARPIT A KAPADIA(3974) for the Appellant(s) No. 1,2,3,4,5,6,7
MR C S SHUKLA(7549) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 29/09/2023
ORAL ORDER
1. Being dissatisfied with the quantum of compensation awarded by the Tribunal at Dahod, the appellants being original claimants have preferred the present appeal, seeking enhancement of compensation.
2. Deceased Bachubhai aged about 30 years old, died in a road accident, which allegedly took place on 21.10.1999. On the day of accident, the scooter upon which the deceased was ridding, hit by the offender bus, which belongs to S.T. Corporation, as a result of which, the deceased died on the spot. The widow of the deceased and six minor children had filed claim petition (3267 of 2004), claiming compensation against the driver and owner of the offending bus. The claim Tribunal at Dahod vide its judgment and award dated 12.04.2006, awarded a sum of amount of Rs.3,08,500/- towards the total amount of compensation.
3. The appellants, being legal heirs of the deceased, aggrieved with the said judgment, have present present appeal.
4. Mr.Arpit Kapadia, learned counsel appearing for the Page 1 of 3 Downloaded on : Sat Sep 30 20:40:49 IST 2023 NEUTRAL CITATION C/FA/2073/2006 ORDER DATED: 29/09/2023 undefined appellants, has submitted that the impugned judgment and award is unjust, unreasonable and inadequate as the learned Tribunal failed to appreciate the prospective income of the deceased while granting amount under the head of dependency loss. Thus, therefore, in view of the recent judgment of the Apex Court, the award deserves to be modified.
5. On the other hand, Mr.C.S. Shukla, learned advocate for the S.T. Corporation, has supported the findings of the Tribunal on the aspect of income as well as the amount of compensation and submitted that no case is made out for enhancement of the compensation.
6. Having heard learned counsels for the respective parties and on perusal of the material placed on record, the issue arose for my consideration is to whether the amount of compensation, as determined by the Tribunal, needs any enhancement.
7. In the facts of present case, the involvement of the vehicle, the issue of negligence determined by the Tribunal, age of the deceased and his avocation are not in dispute. It is the case of the appellants that the deceased was earning Rs.7,000/- per month as by profession, he was doing contract work and was having income from agricultural processes. The revenue record at Exh.26 was relied upon by the claimants. The learned Tribunal, taking into account daily Rs.70/-, determined the monthly income of Rs.2,100/- and without addition of future prospective income awarded Rs.2,83,500/- under the head of dependency loss. In these circumstances, this Court is of Page 2 of 3 Downloaded on : Sat Sep 30 20:40:49 IST 2023 NEUTRAL CITATION C/FA/2073/2006 ORDER DATED: 29/09/2023 undefined the considered view that the learned Tribunal fell into error while not considering the prospective income of the deceased. Thus, the case for enhancement of compensation is made out. The total compensation payable to the claimants is computed as under:
Dependency loss - Rs.4,79,400/-
(Rs.2,100/- + 40% = Rs.2,940/- - 1/5th = Rs.2,352/- x 12 = Rs.28,200/- x 17 = Rs.4,79,400/-) Conventional amount - Rs.70,000/-
----------------------------------------Total - Rs.5,49,400/-
8. In view of the above, the appellants are entitled to get enhanced amount of compensation Rs.2,40,900/- (Rs.5,49,400/- - Rs.3,08,500/- = Rs.2,40,900/-). The enhanced amount will carry interest at the rate of 6% from the date of filing of the claim petition.
9. For the reasons recorded, the appeal is allowed in part.
The appellants are entitled to get the aforesaid enhanced amount and the respondents are directed to deposit the said amount with the period of two months. The claim Tribunal shall disburse the amount in favour of the appellants without making further investment in the FDR. Decree be drawn accordingly.
(ILESH J. VORA,J) Rakesh Page 3 of 3 Downloaded on : Sat Sep 30 20:40:49 IST 2023