Gujarat High Court
Lh Of Late Hansabhai Galbabhai ... vs Gujarat State Road Transport ... on 7 August, 2025
NEUTRAL CITATION
C/FA/59/2022 JUDGMENT DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 59 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
No
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LH OF LATE HANSABHAI GALBABHAI (ADIVASI) & ORS.
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION
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Appearance:
MR VISHAL C MEHTA(6152) for the Appellant(s) No.
1,1.1,1.2,1.3,1.4,1.5
MS SEJAL K MANDAVIA(436) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 07/08/2025
ORAL JUDGMENT
[1] Heard Mr. Vishal C. Mehta, learned advocate on record for the appellants - original claimants and Ms. Sejal K. Mandavia, learned advocate who has entered appearance on behalf of respondent No.1 - Gujarat State Road Transport Corporation (for short 'ST Corporation'). [2] The present appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), at the instance of the original claimants who are the heirs and legal representatives of the deceased Page 1 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:24 IST 2025 NEUTRAL CITATION C/FA/59/2022 JUDGMENT DATED: 07/08/2025 undefined who had succumbed to the fatal injuries caused due to motor vehicle accident. The appellants are aggrieved and dissatisfied with the impugned judgment and award dated 17.07.2021 passed by the Motor Accident Claims Tribunal (Auxi.), Palanpur, District - Banaskantha in MACP No.205 of 2019, whereby, the Tribunal has though partly allowed the claim petition preferred by the present appellants - original claimants under Section 166 of 'the Act', however, has not entertained their claim to the tune of Rs.28,00,000/-, as prayed for. [3] By the said impugned judgment and award, the Tribunal has held the original claimants - appellants herein entitled to an amount of Rs.15,11,300/- with interest at the rate of 7.5% p.a. from the date of filing of claim petition till its actual realization, with proportionate costs. Hence, the present appeal at the instance of the appellants - original claimants.
[4] Learned advocate appearing for the appellants, at the outset, has invited my attention to the findings and reasons assigned by the Tribunal, while deciding the issue of negligency. Referring to the manner in which the accident was reported, the learned advocate has invited my attention to the fact that the deceased was driving the motorcycle in a moderate speed and was on the left side of the road. When they were heading towards Ambaji, at that time, one S.T.Bus bearing registration No.GJ-18-Z-1365, of the ownership of respondent Page 2 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:24 IST 2025 NEUTRAL CITATION C/FA/59/2022 JUDGMENT DATED: 07/08/2025 undefined No.1, being driven in a rash and negligent manner by its driver and was coming from the Ambaji side had dashed with the motorcycle of the deceased. It was further submitted that because of the aforesaid accident, the deceased who was driving the motorcycle and the pillion rider had sustained serious fatal injuries and had succumbed to the injuries. The attention of this Court was invited to the findings and reasons assigned by the Tribunal in light of the evidence of the ST Driver who has been examined as witness before the Tribunal at Exhibit-26.
[4.1] Learned advocate had also drawn my attention to the panchnama of scene of accident produced on record at Exhibit-16. While referring to the aforesaid evidence, learned advocate had submitted that the Tribunal has, upon appreciation of the evidence, has arrived at a finding that the driver of the ST bus was not driving the bus in a moderate speed. The aforesaid finding was arrived while noticing the skidding brake marks as recorded in the panchnama of the place of the offence. According to learned advocate, having arrived at such conclusion, the Tribunal ought to have held the driver of the ST Corporation solely negligent towards the occurrence of the accident. He has further submitted that the motorcycle driven by the deceased on moderate speed and the bus being the heavier vehicle compared to motorcycle, the duty of the driver, more particularly, at the curvature of the road is more compared to the driver of the small Page 3 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:24 IST 2025 NEUTRAL CITATION C/FA/59/2022 JUDGMENT DATED: 07/08/2025 undefined vehicle as the larger vehicle would cover the more space on the curvature road. He has therefore submitted that, coupled with the fact that the ST bus was not driven in a moderate speed, the Tribunal ought to have held the driver of ST Corporation solely negligent towards the occurrence of the the accident and has therefore urged this Court to reconsider the amount of compensation accordingly. As regards the issue of quantum of compensation is concerned, the learned advocate has invited my attention to the findings and reasons assigned by the Tribunal.
[5] Ms. Sejal Mandavia, learned advocate appearing for the ST Corporation has objected to the aforesaid submissions, more particularly, the income of the deceased being as determined by the Tribunal, as regards the submission made by the learned advocate for the appellants with regard to income of the deceased. She has mainly relied upon the findings and reasons assigned by the Tribunal and has urged this Court that in the facts of the case, in absence of any documentary evidence being produced on record, no error can be found with the approach of the Tribunal in determining the income of the deceased to the tune of Rs.7500/-. Learned advocate had also objected to the amount of compensation being sought to be enhanced under the conventional heads are concerned. She however has urged this Court to pass appropriate order in this regard.
Page 4 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:24 IST 2025 NEUTRAL CITATION C/FA/59/2022 JUDGMENT DATED: 07/08/2025 undefined [6] Having considered the submissions of the learned advocates
appearing for the respective parties in light of the findings and reasons assigned by the Tribunal and having re-appreciated the record of the original proceedings, in the opinion of this Court, the appellants have successfully established their case for enhancement in light of the settled legal principles of the Hon'ble Supreme Court. As regards the submission made by the learned advocate for the income being determined on lower-side is concerned, in view of the decision of the Hon'ble Supreme Court in the case of Govind Yadav Vs. The New India Insurance Company Limited reported in (2011) 10 SCC 683, wherein the Supreme Court has held that in absence of any documentary proof of income, the Tribunal / Courts can always seek guidance of the rate of minimum wages notified by the State Government as may be prevailing at the time of accident for the purpose of determining income of the deceased / injured of the motor vehicle accidents are concerned.
[7] It is an undisputed fact that the deceased was engaged in labour work by doing masonry work. Upon bare perusal of the minimum wages rate notified by the State Government for the period between 01.04.2019 to 30.09.2019 ranges from Rs.8216 (unskilled) to Rs.8655 (skilled) as on the date of occurrence of the accident, which is 31.05.2019. It would be safe to consider the rates Rs.8560/-, looking at the nature of vocation of deceased is concerned.
Page 5 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:24 IST 2025 NEUTRAL CITATION C/FA/59/2022 JUDGMENT DATED: 07/08/2025 undefined [8] Noticing the vocation with which the applicant deceased was
engaged, this Court is inclined to accept the submissions of learned advocate for the appellants to enhance the amount of income from Rs.7500/- to Rs.8500/- per month. The findings and reasons assigned by the Tribunal as regards future rise in the income, the deduction towards personal expenses and multiplier are concerned, the same being in terms of the settled principles laid down by the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation reported reported in AIR 2009 SC 3104, this Court is inclined to consider the prayer for enhancement of loss of dependency accordingly. Thus, applying 40% future rise against income of Rs.8500/-, the same is determined as Rs.11,900/- (Rs.8500+ Rs.3400 (8000 X 40%). By deducting 1/4 th noticing the family members of the deceased, the same would come to Rs.2975/-. Thus, the income of the deceased for the future rise of the income of the deceased is accordingly determined as Rs.8925/- which comes to Rs.1,07,100/- p.a. Applying multiplier of 18, considering the age of the deceased as it was 23 years, the loss of dependency is determined as Rs.19,27,800/-. Thus, amount of loss of dependency is enhanced from Rs.17,01,000/- to Rs.19,27,800/-. The claim of the appellant towards the amount of compensation under the conventional heads are concerned, in view of the settled principles laid down by the Hon'ble Supreme Court in the case of National Insurance Company Page 6 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:24 IST 2025 NEUTRAL CITATION C/FA/59/2022 JUDGMENT DATED: 07/08/2025 undefined Limited Vs. Pranay Sethi and Ors. (supra), an amount of Rs.16,500/- awarded under head of loss of estate and funeral expenses are respectively enhanced to Rs.18,150/- each. This brings me to issue of loss of consortium, as rightly pointed out by the learned advocate for the appellants, the family of the deceased consisted of both parents, the widow and their 02 children. Considering the law laid down by the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd. Versus Nanu Ram Alias Chuhru Ram & Ors. reported in 2018 ACJ 2782, apart from spouse consortium, the concept of filial consortium and parental consortium has also been accepted. Thus, for the loss of consortium, the Tribunal has committed grave error in confining it to Rs.44,000/- ignoring the fact that the family of the deceased consisted of aged parents, widow and two minor children. Considering the settled principles, each of the claimants shall be entitled to an amount of Rs.48,400/- towards the loss of consortium. Thus, the amount of loss of consortium is enhanced from Rs.44,000/- to Rs.2,42,000/- (48,400 X 5). [9] For the foregoing reasons, the appeal is partly allowed. The total amount of compensation is enhanced from Rs.15,11,300/- to Rs.18,75,185/-. The original opponent - respondent ST Corporation is held liable to pay the aforesaid enhanced amount of compensation with 7.5% interest p.a. right from the date of filing of claim petition till its actual realization with proportionate costs. The respondent - ST Page 7 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:24 IST 2025 NEUTRAL CITATION C/FA/59/2022 JUDGMENT DATED: 07/08/2025 undefined Corporation is hereby directed to deposit the enhanced amount of compensation of Rs.3,63,885/- (18,75,185-15,11,300) with 7.5% interest p.a. with proportionate costs, as awarded, within a period of 08 eight weeks from the date of receipt of this order. On deposit of the aforesaid awarded amount, the Tribunal shall be at liberty to proceed with the disbursement and the release of the entire award amount in favour of the original claimants subject to due verification. Let the aforesaid exercise be undertaken by the Tribunal within a period of two weeks thereafter. At the stage disbursement, the Tribunal shall strictly adhere to the guidelines issued by the Hon'ble Supreme Court. [10] With these observations, the First Appeal stands disposed of as partly allowed in above terms.
Sd/-
(NISHA M. THAKORE,J) Lalji Desai Page 8 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:24 IST 2025