Gujarat High Court
Sunandaben Dineshbhai Bhuria vs Kalsingbhai Manubhai Bhambhor on 11 April, 2025
NEUTRAL CITATION
C/FA/1107/2013 JUDGMENT DATED: 11/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1107 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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SUNANDABEN DINESHBHAI BHURIA & ORS.
Versus
KALSINGBHAI MANUBHAI BHAMBHOR & ANR.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5
MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 2
MR VD PARGHI(568) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 11/04/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. Hiren Modi for the appellants, learned advocate Mr. V.D. Parghi for respondent No.1 and learned advocate Mr. H.G. Mazmudar for respondent No.2
- insurance company. Perused the record.
2. The challenge in the present appeal is by the appellants - Page 1 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Sat May 03 03:26:11 IST 2025
NEUTRAL CITATION C/FA/1107/2013 JUDGMENT DATED: 11/04/2025 undefined original claimants challenging the judgment and award dated 2.1.2013 passed by learned Motor Accident Claims Tribunal (Main), Dahod in M.A.C.P. No.388 of 2006.
3. The facts in brief of the case are as under:
* On 4.7.2006, deceased Dineshbhai Fatabhai Bhuria was standing on road side of the road near Secondary School at Village Raniyar. At that time, opponent No.1 driver of Jeep No.GJ-20-A-828 came in a rash and negligent manner and dashed with the deceased. Resultantly, the deceased sustained serious injuries and succumbed.
* Claimants being the legal heirs of the deceased filed claim petition for a compensation of Rs.10,00,000/- from the opponents. Opponents were served with summons. Opponent nos.1 and 2 contested the claim petition by filing Written Statement at Exhs.12 and 19 respectively. After framing of issues, claimant No.1 - widow of deceased submitted her deposition at Exh.24 and produced FIR, Panchnama, PM report, Page 2 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Sat May 03 03:26:11 IST 2025 NEUTRAL CITATION C/FA/1107/2013 JUDGMENT DATED: 11/04/2025 undefined documents pertaining to educational qualification, charge-sheet and other documents in support of claim petition.
* After considering the evidence, learned Tribunal partly allowed the claim petition by directing opponents to pay an amount of Rs.5,03,000/- to the claimants with interest @ 7.5% p.a. from the date of application till realisation.
* Being aggrieved and dissatisfied with the impugned judgment and award, the appellants have filed the present appeal.
4. Learned advocate for the appellant has submitted that deceased was a well educated person aged about 25 years at the relevant point of time. Claimants have also produced mark-sheet and certificate of computer awareness training issued from Thermal Construction at Exhs.37 and 38. Deceased was holding a degree of MA. It is submitted that at the relevant point of time, claimant was doing masonry work and agricultural work and was Page 3 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Sat May 03 03:26:11 IST 2025 NEUTRAL CITATION C/FA/1107/2013 JUDGMENT DATED: 11/04/2025 undefined drawing income of Rs.6,000/- per month, however, learned tribunal has considered income of deceased @ Rs.2,500/- per month and considered prospective income @ 30% only. Learned tribunal has also not awarded any compensation under the head of consortium which claimants are entitled to as per the settled proposition of law in the case of National Insurance Company Limited Vs. Pranay Sethi and others reported in (2017) 16 SCC 680. Except this, no other submissions are made.
5. Per Contra, learned advocate for Respondent No.2 -
insurance company has supported the judgment and awarded and submitted that in absence of any documentary evidence, learned tribunal has rightly assessed income of deceased @ Rs 2,500/- per month. In the claim petition, it is submitted that the claimants have not stated that claimant was a labour contractor or a mason supplier, however, certificate issued by Thermal Construction at Exh.38 indicates that deceased was a mason supplier and labour contractor. When there are contradictions in the claim petition and the evidence Page 4 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Sat May 03 03:26:11 IST 2025 NEUTRAL CITATION C/FA/1107/2013 JUDGMENT DATED: 11/04/2025 undefined produced by the claimants, the tribunal has considered just and reasonable compensation. There is no documentary evidence to substantiate the income from agricultural activities. Even no documentary evidence with regard to holding of agricultural land by deceased is produced on record.
6. I have considered the submissions and perused Recording & Proceedings placed on record. It appears from the record that the Learned Tribunal has considered PM report and arrived at a conclusion that deceased was aged above 25 years of age and after considering the certificate Exh.38 of thermal construction, which indicates that deceased was a mason supplier and labour contractor, learned tribunal arrived at conclusion that in absence of any documentary evidence with regard to income, Rs.2,500/- per month was assessed. Learned Tribunal has failed to appreciate the fact that deceased was a double graduate person holding the degree of MA and was also holding certificates of computer awareness training whereby it can be presumed that the deceased was also having the knowledge of computer. Considering the said Page 5 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Sat May 03 03:26:11 IST 2025 NEUTRAL CITATION C/FA/1107/2013 JUDGMENT DATED: 11/04/2025 undefined evidence, income of deceased can be assessed at Rs.3,000/- per month. Considering the age of deceased, addition of 40% as prospective income can be considered as per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and others reported in (2017) 16 SCC 680. It also appears from the impugned award that learned Tribunal has failed to award compensation under the head of loss of consortium which claimants are entitled to. Originally, claimants were five in numbers. However, pending the claim petition, claimant Nos.4 and 5, being the parents of deceased, were deleted from the array of parties and, resultantly, only three claimants remained on the date of determination of the claim petition.
7. Considering the aforesaid aspect, claimants are entitled to compensation under the head of loss of consortium to the tune of Rs 1,45,200/- (48,400 x 3). Learned Tribunal has awarded 7.5% interest, which is required to be maintained.
8. In view of the above facts and circumstances, the Page 6 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Sat May 03 03:26:11 IST 2025 NEUTRAL CITATION C/FA/1107/2013 JUDGMENT DATED: 11/04/2025 undefined 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 Loss of Income
(Rs.3,000)
Prospective Income:
(Rs.3000 + 40% = 1200/-
prospective income =
Rs.4,200/-)
Minus Personal and Living
Expenses (1/4th)
Rs.4,200/- X 1/4th = 1050
Rs.4,200/- - 1,050 = 3150
Rs.3,150 X 12 X 18 Multiplier 6,80,400/-
2. Loss of estate 18,150/-
3. Funeral expenses 18,150/-
4. Loss of consortium 1,45,200/-
(Rs.48,400 X 3)
Total Compensation 8,61,900/-
(-) Awarded Amount Rs.5,03,000/-
Enhanced Amount Rs.3,58,900/-
9. Therefore, total amount of compensation would come to Rs.8,61,900/-, which is required to be awarded with 7.5% p.a. interest from date of claim petition till its realisation, which would meet the ends of justice. It is pertinent to note that learned Tribunal has already awarded Rs.5,03,000/- to the claimant, therefore, Page 7 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Sat May 03 03:26:11 IST 2025 NEUTRAL CITATION C/FA/1107/2013 JUDGMENT DATED: 11/04/2025 undefined Rs.3,58,900/- (Rs.8,61,900 - Rs.5,03,000/-) is required to be enhanced with interest @ 7.5% p.a.
10. 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.3,58,900/- with 7.5% p.a. interest from the date of claim petition till its realisation before the concerned Tribunal, 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.
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NEUTRAL CITATION C/FA/1107/2013 JUDGMENT DATED: 11/04/2025 undefined [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 9 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Sat May 03 03:26:11 IST 2025