Gujarat High Court
Ratilal Ranchhodbhai Katariya vs Jayeshbhai Ratilal Katariya on 16 April, 2025
NEUTRAL CITATION
C/FA/361/2025 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 361 of 2025
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RATILAL RANCHHODBHAI KATARIYA
Versus
JAYESHBHAI RATILAL KATARIYA & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
HARSH A VYAS(9330) 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 appellant-original claimant against the judgment and award dated 06.12.2022 passed by the learned Motor Accident Claims Tribunal (Aux) & 6 th Additional District Court, Bharuch in Motor Accident Claim Petition No.127 of 2018, wherein learned Tribunal has partly allowed the claim petition.
2. Heard learned advocate Mr. Nishit A. Bhalodi for the appellant- original claimant and learned advocate Mr. Harsh Vyas for the 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 On 04.02.2018, deceased was going with her son i.e. opponent Page 1 of 6 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:36:20 IST 2025 NEUTRAL CITATION C/FA/361/2025 ORDER DATED: 16/04/2025 undefined no.1 on motorcycle bearing registration no.GJ-16-CE-5697 as a pillion rider. At that time, a four wheeler car came in an excessive speed with full lights on. Resultantly, the son of deceased dashed with the said vehicle and deceased Gangaben Ratilal Katariya fell down from the motorcycle and sustained serious injuries. Resultantly, she succumbed.
FIR is lodged against the opponent no.1-driver of motorcycle. The husband of deceased filed a claim petition claiming compensation of Rs.10 Lakhs. The opponents were served with the notice. The opponent nos.1 and 2-driver and owner of motorcycle did not appear and contest the claim petition. Opponent no.3-Insurance Company appeared and filed written statement at Exh.11 and denied its liability. The claimant no.1 deposed at Exh.12 and produced documentary evidence such as FIR, panchnama, charge-sheet, inquest panchnama, post mortem report and R.C. Book of motorcycle. 3.2 After considering the evidence on record, learned Tribunal partly allowed claim petition by directing the opponent nos.1,2 and 3 jointly and severally to pay sum of Rs.5,24,900/- with interest at the rate of 9% per annum from the date of claim petition till its realization.
3.3 Being aggrieved and dissatisfied with the impugned judgment and award, the claimant-appellant herein has filed the present appeal Page 2 of 6 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:36:20 IST 2025 NEUTRAL CITATION C/FA/361/2025 ORDER DATED: 16/04/2025 undefined for enhancement of compensation.
4. Learned advocate for the appellant has submitted that on the date of the accident, the deceased- Gangaben was riding as a pillion rider on the motorcycle, which was being driven by her son. The deceased was aged about 56 years at the relevant point of time and the claim petition was filed by her husband. However, the learned Tribunal has deducted one half towards living expenses, which is against the settled principle of law. It is further submitted that deceased being a married woman, 1/3rd ought to have been deducted towards living expenses. While considering the income of the deceased, the Tribunal has assessed Rs.7,000/- per month as deceased was doing labour work and also was selling vegetables. However, considering the rates of minimum wages, in absence of any documentary evidence, rates of minimum wages on the date of accident was Rs.8,300/- per month. Since, the learned Tribunal has erred in awarding the less compensation, the claimant is entitled to enhancement of compensation. No other submissions are canvassed except the above submissions.
5. Per contra, learned advocate appearing for the respondent- Insurance Company has supported the impugned judgment and Page 3 of 6 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:36:20 IST 2025 NEUTRAL CITATION C/FA/361/2025 ORDER DATED: 16/04/2025 undefined award, and has submitted that the learned Tribunal has awarded just and reasonable compensation and in absence of any documentary evidence with regard to income, the assessment of income is just and reasonable. Except the above submissions, no other submissions are canvassed.
6. I have considered the submissions canvassed by learned advocates for the respective parties and perused the record and proceedings. Undisputedly, the deceased was an unskilled labour on the date of accident and in absence of any documentary evidence with regard to income of the deceased, the yardstick for considering the income of the deceased is rates of minimum wages. On the date of accident, rates of minimum wages was prevailing at Rs.8,300/-, and therefore, the income of the deceased is assessed at Rs.8,300/- per month. Undisputedy, the deceased was married, and therefore, deduction of 1/3rd towards personal living expenses to be considered.
7. Considering the age at time of accident, as per the propositions of law laid down in the case of National Insurance Company Limited vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, 10% prospective income to be added. Multiplier of 9 is applicable.
8. In view of the aforesaid discussions, the claimant-appellant Page 4 of 6 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:36:20 IST 2025 NEUTRAL CITATION C/FA/361/2025 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.8,300/-
Prospective Income (10%)
Rs8,300/- + Rs.830/- = Rs.9130/-
Deduction towards personal expenses
1/3 of Rs.9,130/- = Rs.3,043/- = Rs.6,087/-
Rs.6,087/- X 12 X 9 Rs.6,57,396/-
Loss of Consortium Rs.48,400/-
Rs.48,400/-
Loss of Estate Rs.18,150/-
Loss of Funeral Expenses Rs.18,150/-
Total Rs.7,42,096/-
Awarded Compensation by Tribunal Rs.5,24,900/-
Enhanced amount of compensation Rs.2,17,196/-
9. For the reasons recorded above, following order is passed:
9.1 The appellant-original claimant is entitled to enhanced amount of compensation of Rs.2,17,196/- @ 9% per anuum from the date of claim petition till realization from the respondent-Insurance Company. 9.2 The Insurance Company is directed to deposit enhanced amount of compensation with interest as above within a period of Four Weeks from the date of receipt of this order.
9.3 Upon such receipt, it will be open for the appellant-original claimant to approach the learned Tribunal for appropriate orders for Page 5 of 6 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:36:20 IST 2025 NEUTRAL CITATION C/FA/361/2025 ORDER DATED: 16/04/2025 undefined withdrawal. The learned Tribunal shall disburse the same after proper identification and verification following due procedure. 9.4 This Court while condoning the delay of 545 days caused in preferring the captioned appeal on 29.01.2025 passed in R/Civil Application No.5716 of 2024 has made clear that the appellant shall not claim interest on the delayed period, if the appellant succeeds in First Appeal. Learned Tribunal concerned is directed to disburse the enhanced amount of compensation by keeping in mind the aforesaid direction.
9.5 While making the payment, the learned Tribunal shall deduct the court fees, if not paid, in accordance with the prevailing rule. 9.6 The present First Appeal is partly allowed. The impugned judgment and award dated 06.12.2022 passed by the learned Motor Accident Claims Tribunal (Aux) & 6th Additional District Court, Bharuch in Motor Accident Claim Petition No.127 of 2018, is modified to the aforesaid extent.
9.7 Record and Proceedings, if any, received, be sent back to the concerned Court/Tribunal forthwith.
(D. M. DESAI,J) SUYASH SRIVASTAVA Page 6 of 6 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu May 01 2025 Downloaded on : Sat May 03 07:36:20 IST 2025