Gujarat High Court
Anita Dinesh Juva vs Legal Heirs Of Decd. Ismail ... on 3 April, 2025
NEUTRAL CITATION
C/FA/1881/2013 JUDGMENT DATED: 03/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1881 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
==========================================================
Approved for Reporting Yes No
==========================================================
ANITA DINESH JUVA
Versus
LEGAL HEIRS OF DECD. ISMAIL GULAMMURTUJA SHAIKH
SMT.BABUBHAI ISMAIL GULAMMIYAN SHAIKH & ORS.
==========================================================
Appearance:
MR MAKBUL I MANSURI(2694) for the Appellant(s) No. 1
MR ANAL S SHAH(3988) for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 03/04/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. M. I. Mansuri for the appellant and learned advocate Mr. Anal Shah for respondent No.2. Rule could not be served upon respondent No.1. Perused the record.
2. The challenge in the present appeal is by the original Page 1 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:49:54 IST 2025 NEUTRAL CITATION C/FA/1881/2013 JUDGMENT DATED: 03/04/2025 undefined claimant challenging the judgment and award dated 31.1.2013 passed by learned Motor Accident Claims Tribunal (Aux.), Ahmedabad City in M.A.C.P. No.4252 of 1992.
3. The facts in brief of the case are as under:
* On 12.10.1991, petitioner, her husband and daughter came to Ahmedabad from Godhra by bus and they hired Auto Rickshaw bearing registration No.GRR- 7836 from Jamalpur Bus Stand to reach Ambawadi. Opponent No.3 - driver of Auto Rickshaw was driving vehicle at an excessive speed and whey reached near Diwan Ballubhai School Cross Road, Rickshaw dashed with the Circle. As a result of that, all claimants sustained injuries.
* Claimants filed a claim petition claiming compensation of Rs.25,000/-. Opponents were served with the notice of claim petition.
* Opponent Nos.1 & 3 were served, but did not Page 2 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:49:54 IST 2025 NEUTRAL CITATION C/FA/1881/2013 JUDGMENT DATED: 03/04/2025 undefined contest the claim petition, however, opponent No.2 - insurance company appeared and filed Written Statement at Exh.37. Issues were framed. Applicant No.1 filed examination in chief at Exh.32 and produced documentary evidence such as FIR, Panchnama and other documents in support the claim petition. * After considering the evidence on record and considering the submissions, learned Tribunal awarded compensation of Rs.10,600/- with interest @ 9% p.a. from the date of application till realisation from the opponents. * Being aggrieved and dissatisfied with the impugned judgment and award - the appellant - original claimant has preferred this appeal.
4. Learned advocate for the appellant has submitted on the date of accident learned Tribunal has considered Rs.600/- per month as income of the claimant who was a house wife at the relevant point of time. It is submitted that rates of minimum wages was prevailing at Rs.900/- per month. Considering the said fact, the income of the Page 3 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:49:54 IST 2025 NEUTRAL CITATION C/FA/1881/2013 JUDGMENT DATED: 03/04/2025 undefined claimant ought to have been considered as Rs.900/- per month. At the time of accident, claimant was aged about 25 years. The claimant is from very poor class of family and as has sustained disability @ 18% - body as a whole. He has further submitted that learned Tribunal has rightly adopted the multiplier of 16 while calculating the compensation.
5. Per contra, learned advocate for respondent/s - Insurance Company has supported the judgment and award and submitted that learned Tribunal has rightly considered the evidence on record and awarded just and reasonable compensation. The award passed by the learned Tribunal does not require any interference looking to the facts and circumstances of the case.
6. I have considered submissions canvassed by learned advocates for the respective parties and perused the Record and Proceedings. It appears from the record that the accident has occurred because of the negligent driving of the driver of Auto Rickshaw. So far as income of the claimant is concerned, undisputedly, rates of minimum Page 4 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:49:54 IST 2025 NEUTRAL CITATION C/FA/1881/2013 JUDGMENT DATED: 03/04/2025 undefined wages on the date of accident was Rs.900/-, however, learned Tribunal has in absence of any evidence, assessed RS.600/- monthly income. In catena of decisions, it has been held that in absence of any documentary evidence with regard to income of deceased, yardstick for determining income is the rates of minimum wages prevailing on the date of accident.
7. In view of the above facts and circumstances, the claimant/s is/are entitled to following amount of compensation under the different heads:
Sr. Name of the Head Compensation
No. Amount
(In Rs.)
1 Future loss of Income :
Income per month 900
Prospective Income (40%)
900+360 1260
Disability:
Rs.1260 X 5% 756
Rs.63/- X 12 X 16 multiplier 12,096/-
2. Attendant Charges 5,000/-
3. Medical Expenses 500/-
4. Pain, Shock and Suffering 10,000/-
Page 5 of 7
Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:49:54 IST 2025
NEUTRAL CITATION
C/FA/1881/2013 JUDGMENT DATED: 03/04/2025
undefined
Total Compensation 27,596/-
(-) Awarded Amount 10,600/-
Enhanced Amount 16,996/-
Rounded off as 17,000/-
Interest @ 7.5%
8. Therefore, total amount of compensation would come to Rs.27,596/- is required to be awarded with interest accrued thereon from the date of claim petition till its realisation, which would meet the ends of justice. It is pertinent to note that learned Tribunal has awarded Rs.10,600/- to the claimant, therefore, Rs.16,996/- rounded of as Rs.17,000/- (Rs.27,596/- - Rs.10,600/-) is required to be awarded with 7.5% p.a. interest.
9. For the reasons recorded hereinabove, the following order is passed:
[A]. The present appeal is partly allowed accordingly in above terms.
[B]. The Insurance Company is directed to deposit the enhanced amount Rs.17,000/- with 7.5% p.a. interest from the date of claim petition till its realisation before the concerned Tribunal, Page 6 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:49:54 IST 2025 NEUTRAL CITATION C/FA/1881/2013 JUDGMENT DATED: 03/04/2025 undefined within a period of four weeks from the date of receipt of this order.
[C]. The Tribunal shall disburse the entire awarded amount lying in the FDR and / or with the Tribunal, with accrued interest thereon if any, to the claimant, by `Account Payee Cheque' / RTGS / NEFT', after proper verification and after following due procedure.
[D]. While making the payment, the Tribunal shall deduct the Courts fees, if not paid, in accordance with the Rules.
[E]. Record & Proceedings, if any, be sent back to the concerned Tribunal, forthwith.
(D. M. DESAI,J) vk Page 7 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:49:54 IST 2025