Gujarat High Court
Sushilaben Wd/O Anilbhai @ Shankarbhai ... vs Vinodbhai Jaykishsinh Karmi on 17 April, 2025
NEUTRAL CITATION
C/FA/2983/2012 JUDGMENT DATED: 17/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2983 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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SUSHILABEN WD/O ANILBHAI @ SHANKARBHAI RAMANBHAI SOLANKI
& ORS.
Versus
VINODBHAI JAYKISHSINH KARMI & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5,6
MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 17/04/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. Hiren Modi for the appellants and learned advocate Mr. H. G. Mazmudar for the respondent No.3 - Insurance Company at length. Though served, none appears for and on behalf of respondent No.1. Perused the record.
2. The challenge in the present appeal is by the original Page 1 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Mon Apr 21 21:48:51 IST 2025 NEUTRAL CITATION C/FA/2983/2012 JUDGMENT DATED: 17/04/2025 undefined claimants challenging the judgment and award dated 19.6.2009 passed by learned Motor Accident Claims Tribunal (Main), Kheda @ Nadiad in M.A.C.P. No.440 of 2002.
3. The facts in brief of the case are as under:
* On 5.1.2002, deceased Anilbhai @ Shankarbhai Ramanbhai Solanki was driving Maruti Car bearing registration No.GJ-6-A-705 and was heading from village Kamla to Bhavnagar. At that time, opponent No.1 - driver of Truck was driving his vehicle bearing registration No.GJ-10-U-4207 rashly and negligently from opposite direction and dashed with the maruti car. As a result of that, deceased sustained injuries and died. Rest of the passengers were also injured. A complaint was filed against driver of the truck before Dholera Police Station. * Claimants filed a claim petition claiming compensation of Rs.5,00,000/-. Opponents were served with the notice of claim petition.
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NEUTRAL CITATION C/FA/2983/2012 JUDGMENT DATED: 17/04/2025 undefined * Opponent Nos.1 and 2 - driver and owner were served, but did not contest the claim petition, however, opponent No.3 - insurance company appeared and filed Written Statement at Exh.41. Issues were framed. Applicant No.1 filed examination in chief and produced documentary evidence such as FIR, Panchnama and other documents in support of the claim petition. * After considering the evidence on record and considering the submissions, learned Tribunal held that the deceased was negligent to the extent of 50% and the driver of the truck was negligent to the extent of 50% and awarded compensation of Rs.1,08,000/- with proportionate cost and interest @ 9% p.a. from the date of application till realisation from the opponents. * Being aggrieved and dissatisfied with the impugned judgment and award - the appellants - original claimants have preferred this appeal.
4. Learned advocate for the appellants has submitted that the deceased was driving a car in a moderate speed. On Page 3 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Mon Apr 21 21:48:51 IST 2025 NEUTRAL CITATION C/FA/2983/2012 JUDGMENT DATED: 17/04/2025 undefined the date of accident, driver of the offending truck came in a rash and negligent manner and dashed with the maruti car and resultantly, deceased suffered severe injuries and died. It is submitted that deceased was aged about 30 years and was working in Saw Mill and was drawing salary of Rs.2,500/- per month. Deceased was also having a tea hotel and was also earning from such activity. However, in absence of material with regard to the income, learned tribunal considered annual income of Rs.18,000/- and deducted 1/3rd towards personal and living expenses. It is further contended that applying the ratio laid down in the case of Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, multiplier of 17 is to be applied instead of 15. It is also submitted that learned tribunal has not awarded compensation under the heads of filial and parental loss. It is submitted that the claimants are widow, minor children and parents of the deceased. He also submitted that loss of estate, funeral expenses are awarded on lower side. No other submissions are canvassed except the above submissions. Page 4 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Mon Apr 21 21:48:51 IST 2025
NEUTRAL CITATION C/FA/2983/2012 JUDGMENT DATED: 17/04/2025 undefined
5. Per contra, learned advocate for the respondent -
Insurance Company has supported the judgment and award and submitted that learned Tribunal has rightly considered the evidence on record and awarded just and reasonable compensation. It is further submitted that after considering the Panchnama and the complaint and other material placed on record, the learned Tribunal has rightly arrived at a conclusion that the drivers of both the vehicles are negligent to the extent of 50% each in the occurrence of accident. It is further submitted that the learned Tribunal has awarded just and reasonable compensation. Rest of the award passed by the learned Tribunal does not require any interference looking to the facts and circumstances of the case.
6. I have considered the submissions of learned advocate for the respective parties and perused the Record and Proceedings. It appears from the record that there is no evidence with regard to the income of the deceased on the date of accident. In absence of any evidence, it would be appropriate to consider income of the deceased @ Rs.2,500/- monthly income i.e. Rs.30,000/- per year. It also Page 5 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Mon Apr 21 21:48:51 IST 2025 NEUTRAL CITATION C/FA/2983/2012 JUDGMENT DATED: 17/04/2025 undefined appears that learned tribunal has not considered prospective income and, therefore, 40% to be added as prospective income. Thus, total income would come to Rs.42,000/-. Claimants are six in numbers and, therefore, deduction of 1/4th to be applied. Looking to the age of deceased, multiplier of 17 to be applied.
7. So far as negligence is concerned, in absence of any challenge, findings are not disturbed.
8. In view of the above facts and circumstances, the 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 Future loss of Income
Income per year 30000
(2500 x 12)
(plus)
Prospective income 12000
30000 X 40%
42000
(minus)
Rs.42000 + 1/4th 10500
Personal Expenses
Total 31500/-
Rs.31500 X 17)
X 17 multiplier 5,35,500/-
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NEUTRAL CITATION
C/FA/2983/2012 JUDGMENT DATED: 17/04/2025
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2. Loss of consortium 48,400/-
3. Filial Loss 1,45,200/-
4. Parental Loss 96,800/-
5. Loss of Estate 18,150/-
6. Funeral Expenses 18,150/-
Total Compensation 8,62,200/-
Negligence 50% 4,31,100/-
NET AMOUNT 4,31,100/-
(-) Awarded Amount Rs.1,08,500/-
Enhanced Amount Rs.3,22,600/-
9. Therefore, total amount of compensation would come to Rs.4,31,100/- 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.1,08,500/- to the claimant/s, therefore, Rs.3,22,600/- (Rs.4,31,100 - Rs.1,08,500/-) is required to be enhanced with 7.5% p.a. interest.
10. For the reasons recorded hereinabove, the following order is passed:
[A]. The present appeal is partly allowed accordingly in above terms.
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NEUTRAL CITATION C/FA/2983/2012 JUDGMENT DATED: 17/04/2025 undefined [B]. The Insurance Company is directed to deposit the enhanced amount Rs.3,22,600/- with 7.5% p.a. interest from the date of claim petition till its realisation before the concerned Tribunal, within a period of six 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.
[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 8 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 21 2025 Downloaded on : Mon Apr 21 21:48:51 IST 2025