Gujarat High Court
Fidkiben Hanjabhai Solanki (Adivasi) vs Gujarat State Road Transport ... on 7 August, 2025
NEUTRAL CITATION
C/FA/4272/2022 JUDGMENT DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4272 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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FIDKIBEN HANJABHAI SOLANKI (ADIVASI) & ORS.
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION
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Appearance:
MR VISHAL C MEHTA(6152) for the Appellant(s) No. 1,2,3,4,5,6,7
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 learned advocate Mr. Vishal C. Mehta appearing for the appellants - original claimants and learned advocate Ms. Sejal K. Mandavia who has entered her appearance for and on behalf of respondent - Gujarat State Road Transport Corporation (for short 'ST Corporation').
[2] The present First 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 heirs and legal representatives of the deceased who Page 1 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:17 IST 2025 NEUTRAL CITATION C/FA/4272/2022 JUDGMENT DATED: 07/08/2025 undefined had succumbed to the fatal injuries caused in a motor vehicle accident.
[3] The original claimants 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 M.A.C.P.No.206 of 2019, whereby against the claim an amount of Rs.20,00,000/- being raised by filing claim petition under Section 166 of 'the Act', the Tribunal has partly allowed the claim petition holding them entitled to seek recovery of amount of Rs.16,89,800/- from the original opponent - ST Corporation, interest at the rate of 7.5% p.a, with proportionate costs from the date of filing the claim petition till actual realization.
[4] Learned advocate for the appellants, at the outset, has invited my attention to the findings and reasons assigned by the Tribunal, while determining the issue of quantum of compensation is concerned. He has submitted that indisputably the date of occurrence of accident is 31.05.2019 and it has been established that the deceased was aged 34 years at the time of accident and was engaged in labour work by doing masonry work. Though, the income of the deceased was claimed to be Rs.15,000/- p.m., the Tribunal has, in absence of any documentary evidence / proof of income of the deceased being produced on record, has followed the yardstick of Page 2 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:17 IST 2025 NEUTRAL CITATION C/FA/4272/2022 JUDGMENT DATED: 07/08/2025 undefined minimum wages and fixed the monthly income on lower-side to the extent of Rs.7500/- only. At this stage, learned advocate had placed reliance upon the rate of minimum wage notified by the State Government as prevailing on the date of occurrence of accident. It was submitted that the Tribunal ought to have considered an amount of Rs.8500/- as monthly income, in view of the aforesaid rate of minimum wages prescribed by the State Government as prevailing on the date of the accident.
[4.1] Learned advocate had further pointed out that the Tribunal has rightly considered future rise of income to the extent of 40%. As regards the deduction applied, learned advocate had fairly conceded that noticing the fact that the deceased was survived by 7 members in the family, has rightly applied deduction of 1/5 th to the income of the deceased towards the personal expenses. As regards the multiplier adopted by the Tribunal is concerned, learned advocate had submitted that looking to the age of the deceased, the Tribunal has rightly considered the multiplier of 16 while considering the loss of dependency. He has, therefore, submitted that the foundational factors towards the computation of loss of dependency being uncontroverted in absence of challenge being made by the respondent
- ST Corporation, the same may be considered for the purpose of loss of dependency. He has, therefore, urged this Court to enhance an amount of compensation of Rs.16,12,800/- awarded under the head Page 3 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:17 IST 2025 NEUTRAL CITATION C/FA/4272/2022 JUDGMENT DATED: 07/08/2025 undefined of loss of dependency to the tune of Rs.18,27,840/-. [4.2] As regards the conventional heads are concerned, learned advocate has placed reliance upon the settled legal position as laid down by the Hon'ble Supreme Court in the case of National Insurance Company Limited V. Pranay Sethi And Ors. reported in 2017 (16) SCC 680 and has urged this Court to enhance the amount of Rs.16,500/- awarded under the head of loss of estate and funeral expenses to the tune of Rs.18,150/- respectively. Lastly, learned advocate has urged this Court to consider the amount awarded under the head of loss of consortium which is confined to only Rs.44,000/-. According to learned advocate, the Tribunal has ignored the fact that the deceased was survived by 07 members in the family which mainly includes the wife of the deceased and their 06 children. He has, therefore, urged this Court to award separate amount towards the filial consortium and to enhance it to Rs.3,38,800/-. Learned advocate has therefore prayed to allow the present appeal by awarding the total amount of compensation of Rs.22,02,940/-, which may be awarded with interest at the rate of 7.5% p.a. from the date of claim petition till its actual realization.
[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 Page 4 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:17 IST 2025 NEUTRAL CITATION C/FA/4272/2022 JUDGMENT DATED: 07/08/2025 undefined Tribunal. As regards the submission made by the learned advocate for the appellant 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. [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 Page 5 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:17 IST 2025 NEUTRAL CITATION C/FA/4272/2022 JUDGMENT DATED: 07/08/2025 undefined 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 as on the date of occurrence of the accident, which is 31.05.2019, it is evident that the rates prevailing were Rs.2560/-, so far as skilled workers are concerned.
[8] Noticing the vocation with which the applicant deceased was engaged, this Court is inclined to accept the submissions of learned advocate for the appellant 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 1/5 th noticing the Page 6 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:17 IST 2025 NEUTRAL CITATION C/FA/4272/2022 JUDGMENT DATED: 07/08/2025 undefined family members of the deceased, the same would come to Rs.2380/-. Thus, the income of the deceased for the future rise of the income of the deceased is accordingly determined as Rs.9520/- which comes to Rs.1,14,240/- p.a. Applying multiplier of 16, considering the age of the deceased as it was 34 years, the loss of dependency is determined as Rs.18,27,840/-. Thus, amount of loss of dependency is enhanced from Rs.16,12,800/- to Rs.18,27,840/-. The claim of 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 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 the widow and their 6 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 has also been accepted. Thus, the minor children who have lost the love and affection of their father, are also 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 Page 7 of 8 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 21:51:17 IST 2025 NEUTRAL CITATION C/FA/4272/2022 JUDGMENT DATED: 07/08/2025 undefined Rs.3,38,800/- (48,400 x 7).
[9] For the foregoing reasons, the appeal is allowed. The total amount of compensation is enhanced from Rs.16,89,800/- to Rs.22,02,940/-. 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 Corporation is hereby directed to deposit the enhanced amount of compensation of Rs.5,13,140/- (22,02,940-16,89,800) 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 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 allowed in above terms.
(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 21:51:17 IST 2025