Gujarat High Court
Sonaben Motibhai Rajput (Barad) vs Iqbalbhai Ismailbhai Ambaliyasana on 22 April, 2025
NEUTRAL CITATION
C/FA/914/2025 ORDER DATED: 22/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 914 of 2025
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SONABEN MOTIBHAI RAJPUT (BARAD) & ORS.
Versus
IQBALBHAI ISMAILBHAI AMBALIYASANA & ANR.
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Appearance:
KAASH K THAKKAR(7332) for the Appellant(s) No. 1,2,3
MR KK THAKKAR(2834) for the Appellant(s) No. 1,2,3
MR.O K BAROT(7056) for the Defendant(s) No. 1
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 22/04/2025
ORAL ORDER
1. Heard learned advocate Mr. Kaash K. Thakkar for the appellants and learned advocate Ms. Kirti S. Pathak for respondent No.2 - insurance company. Learned advocate Mr. O. K. Barot though appearing for respondent No.1, remained absent. Perused the record.
2. The challenge in the present appeal is by the appellants -
original claimants challenging the judgment and award dated 26.11.2024 passed by learned Motor Accident Claims Tribunal (Auxi.), Palanpur, District Banaskantha in M.A.C.P. No.65 of 2020.
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NEUTRAL CITATION C/FA/914/2025 ORDER DATED: 22/04/2025 undefined
3. The facts in brief of the case are as under:
* On 18.12.2019, deceased Bhupatsinh Motibhai Rajput (Barad) was going towards Mamavada on his motor cycle bearing registration No.GJ-2-AE-8136 on the correct side of the road at a moderate speed. At that time, opponent No.1 motor vehicle bearing registration No.GJ-18AU-0033 came in a rash and negligent manner and dashed with the motorcyclist. Resultantly, deceased sustained serious injuries and died on the spot. * Claimants being the legal heirs of the deceased filed claim petition under Section 166 of M.V. Act for compensation of Rs.30,00,000/- from the opponents. Opponents were served with summons. Opponent nos.1 and 2 contested the claim petition by filing Written Statement at Exhs.8 and 29 respectively. After framing of issues, claimant No.2 - widow of deceased submitted her deposition at Exh.25 and produced FIR, Panchnama, Inquest Panchnama, Charge- sheet P.M. report & copies of village form No.7/12. Page 2 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Apr 23 2025 Downloaded on : Wed Apr 23 21:58:42 IST 2025
NEUTRAL CITATION C/FA/914/2025 ORDER DATED: 22/04/2025 undefined * After considering the evidence, learned tribunal partly allowed the claim petition by directing opponents to pay an amount of Rs.11,55,000/- to the claimants with interest @ 9% p.a. from the date of application till realisation.
* Being aggrieved and dissatisfied with the impugned judgment and award, the appellants - original claimants have filed the present appeal.
4. Learned advocate for the appellants has submitted that the deceased was aged about 42 years of age and was doing agriculture activities and was engaged in the activities of driving vehicle. It is the case of the claimant that income of the deceased was Rs.15,000/- per month. However, in absence of any documentary evidence, learned tribunal considered income of deceased at Rs.7,500/- per month which is not the correct assessment of income. As per the rates of minimum wages, prevailing on the date of accident, income of deceased would be Rs.8,060/- per month. It is further submitted that learned Page 3 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Apr 23 2025 Downloaded on : Wed Apr 23 21:58:42 IST 2025 NEUTRAL CITATION C/FA/914/2025 ORDER DATED: 22/04/2025 undefined tribunal has failed to give any compensation by increasing the amount of compensation under conventional heads which is settled proposition of law. Except above submissions, no other submissions are made.
5. Per contra, learned advocate for 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 learned tribunal has rightly considered the income of the deceased in absence of any documentary evidence. Except the oral version of the claimants, there is no iota of evidence to substantiate the income of the deceased and, therefore, no interference is needed in finding of the fact. The award passed by the learned Tribunal does not require any interference looking to the facts and circumstances of the case. Except above submissions, no other submissions are made.
6. I have considered submissions canvassed by learned advocates for the respective parties and perused the Page 4 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Apr 23 2025 Downloaded on : Wed Apr 23 21:58:42 IST 2025 NEUTRAL CITATION C/FA/914/2025 ORDER DATED: 22/04/2025 undefined material available on record. It appears from the record that the accident has occurred because of the negligent driving of the driver of offending vehicle. On the date of accident, deceased was aged about 46 years of age which has been derived by learned tribunal by considering PM report. Admittedly, claimants have not produced any iota of evidence with regard to income. In the cases where the income proof is not established by the victim and / or the legal representatives of the deceased, the yardstick which can be taken into consideration is the rates of minimum wages prevailing on the date of accident.
7. 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 month 8060
(+)
Prospective Income (25%)
8060X25% 2015
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NEUTRAL CITATION
C/FA/914/2025 ORDER DATED: 22/04/2025
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10075
(-)
Personal Expenses:
Rs.10075X1/3rd 6717
10,47,852/-
Rs.6717/- X 12 X 13 multiplier
2. Loss of Consortium (48,400 x 3) 1,45,200/-
3. Loss of Estate 18,150/-
4. Loss of Funeral Expenses 18,150/-
Total Compensation 12,29,352/-
(-) Awarded Amount 11,55,000/-
Enhanced Amount 74,352/-
Interest @ 9%
8. Therefore, total amount of compensation would come to Rs.12,29,352/- is required to be awarded with interest accrued thereon from the date of claim petition till its realisation, which would meet the ends of justice. It is pertinent to note that learned Tribunal has awarded Rs.11,55,000/- to the claimant/s, enhanced amount as compensation to the tune of Rs.74,352/- (Rs.12,29,352/- - Rs.11,55,000/-) is required to be awarded with 9% p.a. interest.
9. For the reasons recorded hereinabove, the following order is passed:
[A]. The present appeal is partly allowed Page 6 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Wed Apr 23 2025 Downloaded on : Wed Apr 23 21:58:42 IST 2025 NEUTRAL CITATION C/FA/914/2025 ORDER DATED: 22/04/2025 undefined accordingly in above terms.
[B]. The Insurance Company is directed to deposit the enhanced amount Rs.74,352/- with 9% 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.
[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.
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