Gujarat High Court
Bijliben Nannubhai Sangadiya vs Dipakbhai Bhimjibhai Katariya on 16 April, 2025
NEUTRAL CITATION
C/FA/4555/2024 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4555 of 2024
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BIJLIBEN NANNUBHAI SANGADIYA & ORS.
Versus
DIPAKBHAI BHIMJIBHAI KATARIYA & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3
MASUMI V NANAVATY(9321) for the Defendant(s) No. 3
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
NOTICE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 16/04/2025
ORAL ORDER
1. The present appeal is filed by the appellants-original claimants against the judgment and award dated 12.09.2024 passed by the learned Motor Accident Claims Tribunal (Aux) & 4 th Additional District Judge, Anand in Motor Accident Claim Petition No.248 of 2021, wherein learned Tribunal has partly allowed the claim petition.
2. Heard learned advocate Mr. Nishit A. Bhalodi for appellants- original claimants and learned advocate Mr. Vibhuti Nanavati for respondent no.3-Insurance Company. Though served, none appeared for respondent Nos.1 and 2.
3. Brief facts narrated in the present First Appeal are as under:
3.1 Deceased- Nannubhai Kababhai Sangadiya was serving in K.K. Page 1 of 7 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:40:01 IST 2025 NEUTRAL CITATION C/FA/4555/2024 ORDER DATED: 16/04/2025 undefined Construction and was doing labour work of preparation of R.C.C. road and leveling of the road. On 20.10.2021, the driver of truck bearing registration no.GJ-23-B-8776 and Trailer bearing registration no.GJ-
23-V-5729 owned by opponent no.2 being driven by opponent no.1 all of sudden took reverse turn and dashed with the deceased. Resultantly, deceased sustained serious injures and was admitted in Shri Krushna Hospital at Karamsad. Because of fatal injuries, deceased- Nannubhai succumbed to death. FIR was lodged at Vidhyanagar Police Station against the driver of the offending vehicle. 3.2 Legal heirs and representatives of the deceased filed claim petition claiming compensation of Rs.21 Lakhs. Notices were served to opponents. Opponent nos.1 and 2 though served, did not contest the claim petition. Opponent no.3-Insurance Company appeared and filed written statement at Exh.17 and denied its liability. Issues were framed. Claimant no.2-Sunilbhai Nannubhai Sangadiya was examined at Exh.20. In support of the claim petition, the claimants produced complaint, panchnama, inquest panchnama, post mortem report, salary certificate, charge-sheet and other documentary evidence, in support of the claim petition.
3.3 After considering the evidence on record, learned Tribunal partly allowed claim petition by directing the opponents to pay Page 2 of 7 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:40:01 IST 2025 NEUTRAL CITATION C/FA/4555/2024 ORDER DATED: 16/04/2025 undefined compensation of Rs.11,20,000/- jointly and severally with interest at the rate of 9% per annum from the date of claim petition till its realization.
3.4 Being aggrieved and dissatisfied with the impugned judgment and award, the claimants-appellants herein has filed the present appeal for enhancement of compensation.
4. Learned advocate for the appellants has submitted that at the time of the accident, the deceased was aged about 40 years, 9 months and 12 days and was doing labour work for preparation of R.C.C. road in K.K. Construction and was earning Rs.500/- per day. Salary certificate issued by employer was produced at Exh.29. However, the employer of deceased was not examined to prove the income. In absence of proof with regard to income, the learned Tribunal instead of considering the rates of minimum wages at Rs.9,000/- considered Rs.7,500/- per month. Even, while awarding compensation learned Tribunal has failed to award any compensation under the head of prospective income, which is the mandatory compensation, to be awarded in view of the decision of National Insurance Company Limited vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, the loss of consortium and loss of funeral expenses are awarded by the learned Tribunal is meagre and against the settled proposition of law.
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No other submissions are canvassed by learned advocate for the appellants, except above.
5. Per contra, learned advocate for the respondent No.3-Insurance Company has supported the impugned judgment and award, and has submitted that despite the salary certificate produced by the claimants, the contents of the salary certificate could not be established and in absence of any proof with regard to income, learned Tribunal has rightly considered income at Rs.7,500/- per month, which is just and reasonable and no interference is required by this Court. It is also contended that as per the evidence, deceased was aged about 40 years, 9 months and 12 days, and therefore, multiplier of 14 applied by the Tribunal is proper. Except above submissions, no other submissions are canvassed.
6. I have considered the submissions canvassed by learned advocates for the respective parties and perused record and proceedings. It appears that the deceased was doing labour work on the date of the accident and the accident occurred when the driver of the offending vehicle took the vehicle reverse and dashed with deceased, which resulted into serious injuries and ultimately deceased succumbed.
7. In catena of decisions, the law is settled as to when the Page 4 of 7 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:40:01 IST 2025 NEUTRAL CITATION C/FA/4555/2024 ORDER DATED: 16/04/2025 undefined claimants failed to prove income by leading documentary evidence, the yardstick which is required to be considered is the rates of minimum wages. In the present case, the date of accident is 20.08.2021 and the rates of minimum wages prevailing on the date of accident is Rs.9,000/- per month. However, the learned Tribunal has not applied correct rates of minimum wages, and therefore, income of deceased is required to be considered as Rs.9,000/- per month.
8. Learned advocate for the appellants has placed reliance upon the decision in case of Jyotiben Bharatbhai Shah and Ors. vs. Mansingh Padamsinh Rajput and Ors. delivered in First Appeal No.97 of 2012 on 01.02.2028, wherein the deceased was aged about 40 years and 5 months. However, the Hon'ble Division Bench has applied 40% and has added towards prospective income. Applying the same principles, addition of 40% in the income of the deceased is required to be considered. The claimants in the present case are widow and two children, under the head of loss of consortium, claimants are entitled to Rs.1,45,200/- (Rs.48,400 x3), under the head of loss of estate and funeral expenses, the compensation is required to be enhanced, multiplier of 15 is to be considered instead of 14.
9. In view of the aforesaid discussions, the claimant-appellant Page 5 of 7 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:40:01 IST 2025 NEUTRAL CITATION C/FA/4555/2024 ORDER DATED: 16/04/2025 undefined herein is entitled to following compensation:
Name of the Particulars Amount in Rs.
Future Loss of Income
Income Rs.9,000/-
Prospective Income (40%)
Rs.9,000/- + Rs.3600/- = Rs.12,600/-
Deduction towards personal expenses
1/3 of Rs.12,600/- = Rs.4200/- = Rs.8,400/-
Rs.8400/- X 12 X 15 Rs.15,12,000/-
Loss of Consortium Rs.1,45,200/-
Rs.48,400/- x 3
Loss of Estate Rs.18,150/-
Loss of Funeral Expenses Rs.18,150/-
Total Rs16,93,500/-
Awarded Compensation by Tribunal Rs.11,20,000/-
Enhanced amount of compensation Rs.5,73,500/-
10. For the reasons recorded above, following order is passed:
10.1 The appellant-original claimant is entitled to enhanced amount of compensation of Rs.5,73,500/- @ 7.5% interest per anuum from the date of claim petition till realization from the respondent-Insurance Company.
10.2 The Insurance Company is directed to deposit enhanced amount of compensation with interest as above within a period of Six Weeks from the date of receipt of this order.
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NEUTRAL CITATION C/FA/4555/2024 ORDER DATED: 16/04/2025 undefined 10.3 Upon such receipt, it will be open for the appellants-original claimants to approach the learned Tribunal for appropriate orders for withdrawal. The learned Tribunal shall disburse the same after proper identification and verification following due procedure. 10.4 While making the payment, the learned Tribunal shall deduct the court fees, if not paid, in accordance with the prevailing rule. 10.5 The present First Appeal is partly allowed. The impugned judgment and award dated dated 12.09.2024 passed by the learned Motor Accident Claims Tribunal (Aux) & 4th Additional District Judge, Anand in Motor Accident Claim Petition No.248 of 2021, is modified to the aforesaid extent.
10.6 Record and Proceedings, if any, received, be sent back to the concerned Court/Tribunal forthwith.
(D. M. DESAI,J) SUYASH SRIVASTAVA Page 7 of 7 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:40:01 IST 2025