The New India Assurance Co. Ltd vs Jashodaben Dahyabhai Parmar

Gujarat High Court

The New India Assurance Co. Ltd vs Jashodaben Dahyabhai Parmar on 1 December, 2025

                                                                                                               NEUTRAL CITATION




                            C/FA/4140/2017                                    JUDGMENT DATED: 01/12/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 4140 of 2017

                                                            With
                                      CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2019
                                             In R/FIRST APPEAL NO. 4140 of 2017

                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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                                   Approved for Reporting                     Yes           No

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                                            THE NEW INDIA ASSURANCE CO. LTD.
                                                          Versus
                                          JASHODABEN DAHYABHAI PARMAR & ORS.
                       ==========================================================
                       Appearance:
                       MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
                       MR H M SHAH(3997) for the Defendant(s) No. 1,2,3,4
                       MR KUNAL S SHAH(5282) for the Defendant(s) No. 1,2,3,4
                       ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                          Date : 01/12/2025

                                                          ORAL JUDGMENT

1. The captioned appeal is preferred against the impugned judgment and award dated 118.08.2017 passed by the learned Motor Accident Claims Tribunal (Aux-III), Gandhinagar in M.A.C.P. No. 491 of 2013, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.7,77,008/-(Rupees Seven Lakhs Seventy Seven Thousand Eight Only) along with interest at the rate of 9% per annum, Page 1 of 7 Uploaded by GIRISH K PARMAR(HC00954) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:54:30 IST 2025 NEUTRAL CITATION C/FA/4140/2017 JUDGMENT DATED: 01/12/2025 undefined from the date of filing of the claim petition till realization, as compensation.

2. The succinct facts, which lead to the filing of the captioned appeal are summarized as under :-

i. On 05.09.2013, at about 02:00 p.m., the deceased-Dahyabhai Kalidas Parmar was walking along the Adalaj-Chandkheda Highway within the limits of Village:Adalaj. At that time, a truck bearing Registration No. GJ-1-CY-5993 being driven at an excessive speed and in a rash and negligent manner, suddenly came from behind and violently dashed against the deceased. Due to the said impact, Dahyabhai sustained grievous injuries and succumbed to those injuries.

ii. It is the case of the claimants-respondent nos.1 to 4 herein that at the time of the accident, the deceased-Dahyabhai was aged about 61 years and he was getting the pension of Rs.15,000/- per month.

iii. The notices/summons of the Claim Petition were duly served upon the opponents. The opponent no.1 filed Written-Statement vide Exh.18 and opponent no.2-Insurance Company filed Written Page 2 of 7 Uploaded by GIRISH K PARMAR(HC00954) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:54:30 IST 2025 NEUTRAL CITATION C/FA/4140/2017 JUDGMENT DATED: 01/12/2025 undefined Statement vide Exh.13, thereby, denying all the averments made in the claim petition and prayed for dismissal of the claim petition.

iv. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.22, for determination.

i. Whether it is proved that the claimant sustained injuries on account of rashness or negligent driving on the part of the driver of the vehicle involved in the accident?

ii. What amount, if any, the claimants are to by way of compensation and from which of the opponent?

iii. What order and award?

v. In order to prove their claim, the Orig.Claimants

- respondent nos.1 to 4 herein led oral as well as documentary evidence, which reads as under:-

Sr. Description of Documents Exhibit No. No. 1 Affidavit in examination-in-cheif 24 and cross-examination of Claimant no.1 2 Copy of complaint 28 3 Copy of panchnama of place of 29 accident 4 Inquest Panchnama 30 Page 3 of 7 Uploaded by GIRISH K PARMAR(HC00954) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:54:30 IST 2025 NEUTRAL CITATION C/FA/4140/2017 JUDGMENT DATED: 01/12/2025 undefined 5 P.M.Report 31 6 Identity Card 33 7 Pension book 34 8 Ration Card 35 9 R.C.Book 36 10. Insurance Policy 37 11. Driving license 38 12. Charge-sheet 39 vi. The original opponent no.2-appellant herein had not led any evidence before the learned Tribunal.

vii. Having considered the oral as well as documentary evidence on record, and having considered the submissions of the learned counsels for the parties, the learned Tribunal awarded a sum of Rs.7,77,008/-(Rupees Seven Lakhs Seventy Seven Thousand Eight Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization, as compensation, on account of the death of the deceased-Dahyabhai.

viii. Being aggrieved and dissatisfied by the impugned judgment and award, the appellant- Insurance Company - original opponent no.2 preferred the present appeal on the ground of quantum.

NEUTRAL CITATION C/FA/4140/2017 JUDGMENT DATED: 01/12/2025 undefined

3. Heard learned counsels for the parties.

4. Mr. Palak Thakkar, learned advocate for the appellant/Insurance Company vehemently submitted that at the time of accident, the deceased was aged about 61 years and he was pensioner. He further submitted that after the accident, the pension of the deceased was increased to the tune of Rs.16,167/- from 01.10.2013. Therefore, the claimants/respondent nos.1 to 4 are not entitled for any amount of compensation under the head of future loss of dependency. He further submitted that the learned Tribunal has committed a grave error in awarding the sum of Rs.7,57,008/- under the head of future loss of dependency. Therefore, the award is required to be modified to that extent.

5. On the other hand, Mr.H.M.Shah, learned advocate appearing for the original claimants - respondent nos.1 to 4 vehemently submitted that learned Tribunal has awarded the compensation as per the settled principle of law. He further submitted that there is no infirmity in the impugned judgment and award, and therefore, the present appeal deserves to be dismissed.

6. Having considered the submissions of the learned counsels for the parties and having regard to the facts and circumstances of the present case, it is to be noted that there is no dispute regarding the age, income and dependent of the deceased. It is on record that at the time of accident, the deceased was aged about 61 years. He was pensioner and Page 5 of 7 Uploaded by GIRISH K PARMAR(HC00954) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:54:30 IST 2025 NEUTRAL CITATION C/FA/4140/2017 JUDGMENT DATED: 01/12/2025 undefined getting the pension of Rs.12,060/-. The learned Tribunal, after considering the pension of the deceased, determined the income as Rs.12,060/-, and thereafter, deducted the same by ¼ on account of personal expenses of the deceased, as the deceased was left behind by 4 legal representatives. Thereafter, the learned Tribunal, after considering the age of the deceased as 61 years, applied the multiplier of '7' and awarded a sum of Rs.7,57,008/- under the head of future loss of dependency. While determining the said amount of compensation under the head of future loss of dependency, the learned Tribunal has taken into consideration the income of the deceased, which was proved on record and the multiplier and the deduction on account of the personal expenses of the deceased as per the ratio of the judgment rendered by the Hon'ble Apex Court in the case of Sarla Verma and others Versus Delhi Transport Corporation 2009 AIR (SC) 3104. Therefore, the learned Tribunal has not committed any error in awarding a sum of Rs.7,57,008/- under the head of future loss of dependency. No other contention was raised. Hence, there is no infirmity in the impugned judgment and award. Thus, the present appeal is devoid of merits and, accordingly, stands dismissed.

7. If any amount of compensation, or any statutory amount, lying deposited with the Registry of this Court shall be transmitted to the learned Tribunal concerned, in accordance with the applicable Rules. Records & Proceedings, if any be sent to the learned Tribunal concerned. No order as to costs.

NEUTRAL CITATION C/FA/4140/2017 JUDGMENT DATED: 01/12/2025 undefined

8. In view of the dismissal of the main appeal, connected Civil Application No.1 of 2019 does not survive and stands disposed of, accordingly.

(MOOL CHAND TYAGI, J) GIRISH Page 7 of 7 Uploaded by GIRISH K PARMAR(HC00954) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:54:30 IST 2025