Gujarat High Court
Dalpatbhai Vajabhai Mundvada vs Chandubhai Hemabhai Khant on 16 April, 2025
NEUTRAL CITATION
C/FA/4434/2024 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4434 of 2024
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DALPATBHAI VAJABHAI MUNDVADA & ANR.
Versus
CHANDUBHAI HEMABHAI KHANT & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2
HARSH A VYAS(9330) for the Defendant(s) No. 3
MR MANISH J PATEL(2131) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1
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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 03.10.2024 passed by the learned Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in Motor Accident Claim Petition No.41 of 2022, wherein learned Tribunal has partly allowed the claim petition.
2. Heard learned advocate Mr. Nishit A. Bhalodi for the appellants- original claimants, learned advocate Mr. Manish J. Patel for the respondent no.2 and learned advocate Mr. Harsh Vyas for the respondent no.3-Insurance Company. Though served, none appeared for respondent No.1.
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3. Brief facts narrated in the present First Appeal are as under:
3.1 Deceased- Vipulkumar Dalpatbhai Mundavada was working as a Cleaner (Conductor) on Truck bearing registration no.GJ-18-AZ-2476.
On 03.12.2021, opponent no.1 was driving the said truck in an excessive speed and in a rash and negligent manner. When the truck was passing from Bayad to Dahegam Road near Jantral Kampa, opponent no.1 lost control over the truck and the truck turned turtled. Resultantly, deceased was thrown out of the truck and received fatal injuries. Because of fatal injuries, deceased- Vipulkumar Dalpatbhai Mundavada succumbed. FIR was registered against the driver of the truck before Aabaliyara Police Station. 3.2 Claimants filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.32 Lakhs. Opponents were duly served with the notice. Opponent nos.1 and 2 appeared and filed written statement at Exh.10. Opponent no.3 appeared and filed written statement at Exh.16 and denied its liability. The claimant no.1 filed examination-in-chief at Exh.20 and produced the documentary evidence such as FIR, copy of panchnama, inquest panchnama and post mortem report in support of the claim petition.
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Rs.14,22,680/- with 9% interest per annum with proportionate costs in favour of the applicants and against opponent nos.1 to 3. 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 deceased was aged about 22 years at the relevant point of time, and he was working as a Cleaner (Conductor). On the date of accident, he was earning Rs.15,000/- per month . While calculating the income, learned Tribunal has considered the income of deceased at Rs.8,900/- which is not as per the rates of minimum wages prevailing on the date of accident. It is further submitted that the date of accident is 03.12.2021 and the rates of minimum wages prevailing at the relevant time was Rs.9,500/- per month. It is further submitted that the learned Tribunal has awarded only Rs.44,000/- under head of loss of consortium. It is further submitted that claimant no.1 is the father of the deceased and claimant no.2 is the sister of the deceased. No other submissions are canvassed except the above submissions.
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5. Per contra, learned advocate for the respondent-Insurance Company has supported the impugned judgment and award, and has submitted that the learned Tribunal has awarded just and reasonable compensation. It is further submitted that even on considering the aspect of income, learned Tribunal has considered more income than deceased was entitled for. Except 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. On the date of the accident i.e. 03.12.2021, the deceased was aged about 22 years and was working as a Cleaner/Conductor. It appears from the record that while awarding the compensation, learned Tribunal has considered Rs.8,900/- per month as income of deceased. In absence of any documentary evidence with regard to income, the yardstick for determining the income is rates of minimum wages prevailing on the date of accident. Undisputedly, the deceased was an un-skilled labour and the rates of minimum wages prevailing on the date of accident is Rs.9,500/- per month. Thus, the monthly income of the deceased can be assessed at Rs.9,500/- per month. The consortium amount for the claimant no.1 is required to be enhanced to Rs.48,400/-. Rest of the award does not require any interference.
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7. In view of the aforesaid discussions, the claimants are entitled to following amount of compensation:
Name of the Particulars Amount in Rs.
Future Loss of Income
Income per month Rs.9,500/-
Prospective Income (40%)
Rs.9,500/- + Rs.3800/- = Rs.13.300/-
Deduction towards personal expenses
½ of Rs.13,300/-Rs.6,650/- = Rs.6,650/-
Rs.14,36,400/-
Rs.6,650/- X 12 X 18
Loss of Consortium Rs.48,400/-
Rs.48,400/- x 1
Loss of Estate Rs.18,150/-
Loss of Funeral Expenses Rs.18,150/-
Total Rs.15,21,100/-
Awarded Compensation by Tribunal Rs.14,22,680/-
Enhanced amount of compensation Rs.98,420/-
8. For the reasons recorded above, following order is passed:
8.1 The appellants-original claimants are entitled to enhanced amount of compensation of Rs.98,420/- @ 9% per anuum from the date of claim petition till realization from the respondent-Insurance Company.
8.2 The Insurance Company is directed to deposit enhanced amount
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NEUTRAL CITATION
C/FA/4434/2024 ORDER DATED: 16/04/2025
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of compensation with interest as above within a period of Four Weeks from the date of receipt of this order.
8.3 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. 8.4 While making the payment, the learned Tribunal shall deduct the court fees, if not paid, in accordance with the prevailing rule. 8.5 The present First Appeal is partly allowed. The impugned judgment and award dated 03.10.2024 passed by the learned Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in Motor Accident Claim Petition No.41 of 2022 is modified to the aforesaid extent.
8.6 Record and Proceedings, if any, received, be sent back to the concerned Court/Tribunal forthwith.
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