Gujarat High Court
The Oriental Insurance Co. Ltd vs Samirbhai Ganibhai Vahora on 9 April, 2025
NEUTRAL CITATION
C/FA/586/2025 ORDER DATED: 09/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 586 of 2025
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THE ORIENTAL INSURANCE CO. LTD.
Versus
SAMIRBHAI GANIBHAI VAHORA & ORS.
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3,5
NOTICE NOT RECD BACK for the Defendant(s) No. 6
NOTICE SERVED for the Defendant(s) No. 7
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 09/04/2025
ORAL ORDER
1. The present First Appeal is filed by the appellant-Insurance Company against the judgment and award dated 25.07.2024 passed by the learned Motor Accident Claims Tribunal (Aux.) & 3rd Additional District Judge, Kheda at Nadiad in MACP No.1103 of 2021, wherein the learned Tribunal has allowed the claim petition.
2. Heard learned advocate Mr. G. C. Mazmudar for Page 1 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Fri May 09 21:26:57 IST 2025 NEUTRAL CITATION C/FA/586/2025 ORDER DATED: 09/04/2025 undefined the appellant - Insurance Company and learned advocate Mr.Nishit Bhalodi for respondent Nos.1 to 3 and 5. Though served, none appeared for respondent No.7.
3. Brief facts of the case are as under:
3.1 On 04.07.2021, deceased Sahilbhai Samirbhai Vahora was driving a motorcycle bearing registration No.GJ-23BH-5835 alongwith his friend viz. Alpeshbhai as a pillion rider, on the correct side of the road at a moderate speed, on their way to visit Pavagadh Temple. At around 5.30 p.m., a truck bearing registration No.GJ-12-T-6057 being driven by opponent No.1 came in rash and negligent manner and dashed with motorcycle. Resultantly, pillion rider sustained serious injuries, however deceased also sustained serious injuries and died on the spot. FIR was lodged against the driver of truck.
3.2 The legal heirs/representatives of the deceased filed a claim petition under Section 166 of the Motor Page 2 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Fri May 09 21:26:57 IST 2025 NEUTRAL CITATION C/FA/586/2025 ORDER DATED: 09/04/2025 undefined Vehicles Act claiming compensation of Rs.20,00,000/-.
Notices/summons were issued and served to opponents. Opponent Nos.1 and 2 did not contest the claim petition. Opponent No.3-Insurance Company appeared and filed Written Statement at Ex.10 and denied its liability. Issues were framed. Claimant No.1 filed examination-in-chief at Ex.16 and produced documentary evidence such as FIR, chargesheet, copy of panchnama of the place of accident, inquest panchnama, postmorterm report and other documentary evidence. After considering the evidence, learned Tribunal allowed the claim petition and ordered that claimants are entitled for Rs.22,69,200/- along with proportionate cost and interest at the rate of 7.5% per annum from the date of filing of the petition till realization from opponent Nos.1 to 3 jointly and severally. 3.3 Being aggrieved and dissatisfied with the impugned judgment and award, opponent No.3-Insurance Company has filed First Appeal.
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NEUTRAL CITATION C/FA/586/2025 ORDER DATED: 09/04/2025 undefined
4. Learned advocate for the appellant has submitted that the learned Tribunal has not awarded just and reasonable compensation. It is further submitted that the deceased was unmarried and was aged about 19 years at the time of accident. However, learned Tribunal has deducted 1/4th under the head of personal and living expenses. It is further submitted that as per the settled law, in the case of unmarried victim, 1/2 deduction is required to be deducted towards personal and living expenses. So far as loss of consortium is concerned, learned Tribunal has erred in awarding compensation under the said head. Except the above submissions, no other submissions are canvassed by learned advocate for the appellant.
5. Per contra, learned advocate Mr.Bhalodi for the respondents-claimants supported the judgment and award and submitted that the learned Tribunal has awarded just Page 4 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Fri May 09 21:26:57 IST 2025 NEUTRAL CITATION C/FA/586/2025 ORDER DATED: 09/04/2025 undefined and reasonable compensation. It is further submitted that the present First Appeal lacks merit and no grounds exist to interfere with the findings of the learned Tribunal.
6. I have considered the rival submissions canvassed by learned advocates for the respective parties and perused the impugned judgment and award. Undisputedly, the age of deceased was 19 years at the time of accident and was unmarried. The issue regarding deduction towards personal and living expenses and the calculation under the head of loss of consortium as per the ratio laid down in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, is well settled. Learned Tribunal failed to appreciate the settled law by deducting 1/4th towards personal and living expenses. Learned Tribunal awarded Rs.1,92,000/- under the head of loss of consortium considering 5 claimants. Page 5 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Fri May 09 21:26:57 IST 2025
NEUTRAL CITATION C/FA/586/2025 ORDER DATED: 09/04/2025 undefined It appears from the record that claimant Nos.1 and 2 are the parents of deceased whereas claimant No.3 is brother and claimant Nos.4 and 5 are grandparents of deceased. So far as claimant Nos.3, 4 and 5 are concerned, they do not fall within the definition of 'legal representatives' and they are not entitled to any compensation under the head of loss of consortium. Further it is not the case made out by claimants that claimant Nos.3, 4 and 5 were dependent upon deceased both financially and socially. Claimant Nos.3,4 and 5 ought to have led evidence on this aspect.
7. In view of the aforesaid discussions, the claimants are entitled to the following amount of compensation:
Under the Head of Compensation of Rs.
Future loss of income
Monthly income = Rs. 9,000/-
Prospective income 40%
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NEUTRAL CITATION
C/FA/586/2025 ORDER DATED: 09/04/2025
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(Rs.9,000 + 40%) = Rs. 12,600/-
Deduction 1/2
(Rs.12,600/2) =Rs. 6,300/-
Total Income
[Rs.12,600 - 6300) =Rs. 6,300/
(Rs.6300 x 12 x 18) =Rs.13,60,800/- 13,60,800
Loss of estate 18,000/-
Loss of consortium 96,000/-
(Rs.48,400 x 2 ) =Rs. 96,800/-
Funeral expenses 18,000/-
Grand Total 14,92,800/-
Less awarded amount of 22,69,200/-
compensation by Tribunal
=Rs. 22,69,200/-
Excess amount 7,76,400/-
(Rs.22,69,200 - Rs.14,94,600) =
Interest @7.5%
8. The excess amount of Rs.7,76,400/- shall be refunded to the appellant - Insurance Company along with accrued interest thereon through RTGS or any other electronic mode after due identification and verification.
9. After refund of amount, learned Tribunal shall Page 7 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Fri May 09 21:26:57 IST 2025 NEUTRAL CITATION C/FA/586/2025 ORDER DATED: 09/04/2025 undefined disburse the remaining total amount of compensation equally between claimant Nos.1 and 2 through RTGS or any other appropriate mode.
10. While making the payment, learned Tribunal/Court shall deduct the Court Fess, if not paid, in accordance with prevailing Rule.
11. The present First Appeal is partly allowed accordingly. The judgment and award dated 25.07.2024 passed by the learned Motor Accident Claims Tribunal (Aux.) & 3rd Additional District Judge, Kheda at Nadiad in MACP No.1103 of 2021, is modified to the aforesaid extent.
12. Record and proceedings, if any, received, be sent back to the concerned Court/Tribunal.
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