Gujarat High Court
Heirs Of Decd. Dhanjibhai Ramjibhai ... vs Ramnivas Dhanaram Devani on 5 August, 2025
NEUTRAL CITATION
C/FA/2896/2013 JUDGMENT DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2896 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE D. M. VYAS
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Approved for Reporting Yes No
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HEIRS OF DECD. DHANJIBHAI RAMJIBHAI KANSARA & ORS.
Versus
RAMNIVAS DHANARAM DEVANI & ORS.
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Appearance:
MR VISHAL C MEHTA(6152) for the Appellant(s) No. 1,1.1,1.2
MR SUNIL B PARIKH(582) for the Defendant(s) No. 4
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE D. M. VYAS
Date : 05/08/2025
ORAL JUDGMENT
1. The present appeal is filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act, 1988") being aggrieved and dissatisfied with the impugned judgment and award dated 11/09/2012 passed by the Motor Accident Claims Tribunal (Main), Jamnagar in MACP No.663 of 2005.
2. Short facts of the claim case are as follows:
Page 1 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:54:24 IST 2025NEUTRAL CITATION C/FA/2896/2013 JUDGMENT DATED: 05/08/2025 undefined 2.1. On 14/08/2005, deceased Dhanjibhai Ramjibhai Kansara was going from Daman to Bhavnagar driving truck bearing registration no.GJ-10-V-5916. At that time, about 4:00 a.m. when he reached near railway crossing of village Chhorada on Bharuch-Vadodara highway, the truck bearing registration no.RJ-19-1-G-7538 was lying in middle of the road without any parking light, tan light, or hindrance like stones or bushes and therefore, it being nocturnal hours, truck of the deceased dashed with the offending stationary truck. In the accident, Dhanjibhai Ramjibhai Kansara sustained fatal injuries and succumbed to it on the spot. The complaint in this regard has been registered with Karjan Police Station vide I-C.R.No.144 of 2005 against the driver of truck bearing registration no.RJ-
19-1-G-7538.
2.2. Heirs and legal representatives of the deceased Dhanjibhai Ramjibhai Kansara filed claim petition under the provision of Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.10/- lakhs against the respondents.
2.3. Vide said impugned judgment and award, the Tribunal has partly allowed the claim petition preferred by the present appellants - original claimants under Section 166 of the Act, 1988 holding the present appellants-original claimants entitled to an amount of Rs.3,42,000/- with interest at the rate of 7% per annum from the date of registration of such claim petition till its actual realization with costs. Thus, the Tribunal has not entertained the claim petition for an amount of Rs.10/-
Page 2 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:54:24 IST 2025NEUTRAL CITATION C/FA/2896/2013 JUDGMENT DATED: 05/08/2025 undefined lakhs as total compensation.
3. This Court vide order dated 01/10/2013 noticing the submissions made by the learned advocate for the appellants- original claimants and the grounds raised in the appeal, has admitted the appeal.
4. Learned advocate Mr. Vishal Mehta appearing for the appellants-original claimants has assailed the impugned judgment and award passed by the Tribunal on the issue of quantum of compensation. Firstly, it is submitted that the Tribunal has assessed the income of the deceased on lower side and secondly, the amount awarded under the conventional heads are also on the lower side. Learned advocate has invited attention of the Court to the findings and reasons assigned by the Tribunal on the aforesaid issues. It is submitted by the learned advocate for the appellants-original claimants that the deceased was earning Rs.5,000/- by working as a truck driver, however, the Tribunal has assessed the income of the deceased to Rs.3,000/- per month only. He has submitted that considering the ratio laid down by the Hon'ble Supreme Court in the case of National Insurance Company Ltd Vs. Pranay Sethi reported in AIR 2017 SC 5157, 25% towards future prospects of income is required to be taken into consideration. Learned advocate has therefore, submitted that the amount of compensation awarded may be enhanced accordingly. As regards the amount awarded under the head of loss of consortium is concerned, the claimants are entitled for enhancement of amount of compensation towards Page 3 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:54:24 IST 2025 NEUTRAL CITATION C/FA/2896/2013 JUDGMENT DATED: 05/08/2025 undefined loss of consortium in light of the decision of the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd vs. Nanu Ram Alias Chuhur Ram & Ors reported in (2018)18 SCC 130. Learned advocate has lastly submitted that the amount awarded under the conventional heads, more particularly, towards funeral expenses and loss of estate, is also required to be enhanced to Rs.18,150/- respectively, in view of the decision of the Hon'ble Supreme Court in the case of Pranay Sethi (supra). By making the aforesaid submissions, learned advocate has urged this Court to enhance the amount of compensation which may be awarded with interest at the rate of 7% per annum from the date of registration of the claim petition till its actual realization.
5. Learned advocate Mr. Sunil Parikh appearing for the respondent-Insurance Company has placed reliance upon the findings and reasons assigned by the Tribunal and vehemently argued that the compensation must be awarded as just, proper and reasonable and further submitted that learned Tribunal, after appreciating the materials available on record, awarded the compensation under each head which is just, proper and reasonable and not required to be interfered in this appeal and lastly prayed to dismiss the appeal.
6. Heard learned advocates for the respective parties on the disputes between the parties in narrow compass and perused the record and proceedings and impugned judgment and award, more particularly, the findings and reasons Page 4 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:54:24 IST 2025 NEUTRAL CITATION C/FA/2896/2013 JUDGMENT DATED: 05/08/2025 undefined assigned by the Tribunal while considering the issue of quantum of compensation.
7. As regards the submissions made by the learned advocate for the appellants on the assessment of the income of the deceased is concerned, the reasons assigned by the tribunal to that effect is satisfactory.
8. As regards the future prospect is concerned, in view of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra), and as accepted by the Tribunal on the basis of postmortem report that age of the deceased was between 45-50 years, amount can be considered towards the future prospects of the deceased. As rightly recorded by the Tribunal, considering the fact that there are two dependents i.e. the wife and the son, 1/3rd deduction has been applied towards spend by the deceased on himself. Thus, the calculation of the prospective income of the deceased at the rate of 25% is considered as Rs.3000/-*25% (Rs.750/-) = Rs.3,750/-. After 1/3rd deduction towards personal expenses of the deceased, the calculation of the income the deceased is Rs.2,500/- (Rs.3,750/- - 1,250/- i.e. 1/3rd deduction towards personal expenses). Noticing the fact that as accepted by the Tribunal on the basis of postmortem report that age of the deceased was between 45-50 years at the time of accident, in light of the decision of the Hon'ble Supreme Court in the case of Sarla Verma and ors. vs. Delhi Transport Corporation and Anr. reported in (2009) 6 SCC 121 and the schedule prescribed, the Tribunal has rightly applied multiplier of 13 in Page 5 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:54:24 IST 2025 NEUTRAL CITATION C/FA/2896/2013 JUDGMENT DATED: 05/08/2025 undefined the facts of the case. Thus, the future loss benefit is determined as Rs.2,500/-*12*13 (Multiplier) which comes to Rs.3,90,000/-. This brings me to the issue of loss of consortium as prayed for by the learned advocate for the appellants- original claimants. As rightly prayed for by the learned advocate for the appellant in view of the decision of the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd (supra), the claimants would be entitled to enhance amount of compensation under the head of loss of consortium to the tune of Rs.96,800/- (Rs.48,400/- x 2). Lastly, the amount to be awarded under the conventional heads, more particularly, funeral expenses and the loss of estate is also required to be reconsidered in view of the decision of the Hon'ble Supreme Court in the case of Pranay Sethi (supra). The same is to be considered as Rs.18,150/- respectively.
9. Therefore, original claimants - appellants herein are entitled to enhanced amount as computed hereunder:
Compensation As per award As awarded by
under challenge this Court (Rs.)
(Rs.)
Dependency Benefit 2/3 2/3
Actual salary/ income 3,000/- 3,000/-
Prospective income - 750/- (25%)
Deduction of amount 1/3 (Rs.1000/-) 1/3(Rs.1,250/-)
spent by the deceased
on himself
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NEUTRAL CITATION
C/FA/2896/2013 JUDGMENT DATED: 05/08/2025
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Multiplier 13 13
Future Loss 2000/-*12*13 2,500/-*12*13
= Rs.3,12,000/- = Rs.3,90,000/-
For loss of consortium Rs.10,000/- 96,800/-
(consolidated (48,400/- x 2)
sum)
Loss of Estate 18,150/-
Funeral expenses 2500/- 18,150/-
Total Compensation Rs.3,42,000/- Rs.5,23,100/-
Enhanced - (Rs.5,23,100/- -
compensation Rs.3,42,000/-)
=Rs.1,81,100/-
10. For the foregoing reasons, the impugned judgment and award dated 11/09/2012 passed by the Motor Accident Claims Tribunal (Main), Jamnagar in MACP No.663 of 2005 is hereby modified. The appellants-original claimant are held entitled to compensation of an amount of Rs.5,23,100/-. Since by impugned judgment and award the Tribunal has awarded an amount of Rs.3,42,000/-, the appellants shall be entitled to enhanced amount of compensation to the tune of Rs.1,81,100/- (Rs.5,23,100/- - Rs.3,42,000/- = Rs.1,81,100/-) with interest at the rate of 7% from the date of filing of claim petition till its actual realization. The respondents-original opponents are liable to pay such enhanced amount of compensation as per the judgment and award passed by the learned Tribunal.
11. Let, the aforesaid amount be deposited with the concerned Tribunal within a period of 8 weeks from the date Page 7 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:54:24 IST 2025 NEUTRAL CITATION C/FA/2896/2013 JUDGMENT DATED: 05/08/2025 undefined of receipt of the present order. On deposit of the aforesaid amount, the Tribunal shall be at liberty to release and disburse the entire award amount in favour of the original claimants, after due verification as per the original judgment and award.
12. Let, such exercise be undertaken by the Tribunal strictly in accordance with the guidelines prescribed by the Hon'ble Supreme Court in this regard; preferably within a period of two weeks from deposit of such amount. The Tribunal is directed to realize the deficit Court fees before proceeding with the disbursement of the amount.
13. Record and proceedings be sent back to the concerned tribunal forthwith, if received.
(D. M. VYAS, J) ILA Page 8 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:54:24 IST 2025