Gujarat High Court
Heirs Of Decd.Pradipsinh @ ... vs Gujarat State Road Transport ... on 3 December, 2025
NEUTRAL CITATION
C/FA/3759/2012 JUDGMENT DATED: 03/12/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3759 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
==========================================================
Approved for Reporting Yes No
==========================================================
HEIRS OF DECD.PRADIPSINH @ PRADHUMANSINH GUMANSINH &
ORS.
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION & ORS.
==========================================================
Appearance:
MS AMRITA AJMERA(5204) for the Appellant(s) No. 1,2,3
MS HINA DESAI(1023) for the Defendant(s) No. 1
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 03/12/2025
ORAL JUDGMENT
1. The captioned appeal is filed against the impugned judgment and award dated 06.08.2012 passed by the learned Tribunal (Main), Surendranagar in Motor Accident Claim Petition No.294 of 2003, whereby the learned Tribunal has awarded a sum of Rs.3,67,000/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.
Page 1 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025
NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined
2. The succinct facts leading to file the present appeal is that on 11.12.2002 at about 6:30 pm, Pradip Sinh and other injured person were travelling in a car bearing registration No.GJ-01-PP- 2617 towards Gondal and when they reached at the place of accident, in the meantime the ST bus owned by ST Corporation came in a rash and negligent manner from the wrong side and dashed with the car. Owing to the said accident, the Pradip Sinh sustained grievous injuries and he was admitted to the hospital at Rajkot where he took his last breath on 13.12.2002.
3. It is also the case of the claimants that at the time of accident, the deceased was aged about 28 years and he was engaged in the occupation of grain merchant as well as the agricultural work and thereby earning a handsome amount. Therefore, they claimed a sum of Rs.10,00,000/- on account of compensation.
4. Upon being served with the summons of the claim petition, the ST Corporation filed the written statement at Exh-17 and thereby denying the contents of the claim petition and prayed for dismissal of the claim petition. United India Insurance Company Limited filed the written statement at Exh-44 thereby contended Page 2 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025 NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined that the driver of the car was not holding legal and valid driving license at the time of accident, therefore, the Insurance Company is not liable to satisfy the award.
5. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh-22.
"1. Whether it is proved that the deceased sustained injuries and died on account of the rashness and negligence on the part of driver of the vehicle involved in the accident?
2. Whether the petitioner proves that he sustained injuries in a vehicular accident due to rash and/or negligent driving of the vehicle involved in the accident?
3. What amount the claimants are entitled to by way of compensation and from which of the opponent?
4. What order?"
6. In order to prove his claim, the appellants had led following oral as well as documentary evidences before the learned Tribunal:-
Sr Particulars Exhibit
No.
1. Affidavit of examination-in-chief of 46 appellant No.1 2. Copy of FIR 48 3. Panchnama of place of accident 49 4. Copy of insurance policy 50 5. Copy of Charge-sheet 51 6. Post mortem report 52 7. Farmer book 53 Page 3 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025 NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined
7. The driver of ST bus filed his affidavit at Exh-78 and he was cross-examined. No other evidence was led by the respondents.
8. After considering the evidence on record, the learned Tribunal had awarded a sum of Rs.3,67,000/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.
9. Being aggrieved and dissatisfied with the impugned judgment and award, the appellants/claimants have filed the captioned appeal for challenging the impugned judgment and award on the point of quantum.
10. Heard learned advocates for the parties.
11. Ms. Amrita Ajmera, learned advocate appearing on behalf of the appellants, vehemently submitted that at the time of accident the deceased was aged about 28 years and he was engaged in the business of grain merchant and also doing the agricultural work. She further submitted that the learned Page 4 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025 NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined Tribunal has assessed the income of the deceased from the both sources of income as Rs.3,000/- per month. She further submitted that the learned Tribunal has assessed the income at a lower side. She further submitted that in the affidavit, it has been deposed that the deceased was earning Rs.6,000/- from the business of grain merchant and he was earning Rs.1,00,000/- per year from the agriculture. However, the learned Tribunal has considered the income of Rs.3,000/- which is at a lower side. She further submitted that though the deceased was aged about 29 years, but the learned Tribunal has not enhanced the notional income by 40% on account of future prospects of the deceased. She further submitted that though the learned Tribunal came to the conclusion that at the time of accident, the deceased was aged about 29 years but the learned Tribunal has applied the multiplier of 15 in place of 17. She further submitted that the learned Tribunal has not awarded any amount under the head of pain, shock and suffering. After the accident, the deceased was admitted to the hospital, he took his last breath on 13.12.2002, therefore, the reasonable amount ought to have been awarded under the head of pain, shock and suffering. She further submitted that the learned Tribunal has awarded a meager amount of Rs.5,000/- under the head of loss of estate Page 5 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025 NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined and consortium and a sum of Rs.2,000/- under the head of funeral expenses. She urged that the amount of compensation awarded under these heads is to be enhanced considering the ratio of the judgment of the Apex Court rendered in the case of National Insurance Company Ltd. Vs. Pranay Shethi, reported in (2017) 16 SCC 680 and Magma General Insurance Company Limited Vs Nanu Ram @ Chuhru Ram reported in 2018 (18) SCC 130.
12. On the other hand, Ms. Hina Desai, learned advocate appearing on behalf of the respondent No.1-ST Corporation, vehemently submitted that the learned Tribunal has rightly considered the income of the deceased. She further submitted that so far the multiplier and the compensation under the head of loss of consortium, loss of estate and funeral expenses may be awarded as per the settled legal positions of the law. She further submitted that there is no infirmity in the impugned judgment and award, therefore the present appeal deserves to be rejected.
13. Having considered the submissions of the learned advocates for the parties and having gone through the record, it is to be noted that there is no dispute regarding the accident, Page 6 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025 NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined manner of occurrence of accident, negligence, age and occupation of the deceased. Learned advocate for the appellant challenged the impugned judgment and award on the ground of income and compensation awarded under the conventional heads.
14. So far as the income is concerned, it is pleaded in the claim petition and deposed in affidavit that the deceased was aged about 28 years and he was engaged in the business of grain merchant and he was having a shop at Bharwada and earning a sum of Rs.6,000/- per month from the said business and he was also engaged in agricultural work and having agricultural land and earning a sum of Rs.1,00,000/- per year. The claimants/appellants have placed the farmer book at Exh-53 which shows that the deceased was having the agricultural land in his name, therefore, from all these materials it can be held that the deceased was engaged in the business of grain merchant as well as doing the agricultural work at the time of accident but the claimants/appellant could not prove the income form both sources of earning. The learned Tribunal considering the materials on record and assessed the income of the deceased as Rs.3,000/- per month. In my considered view, the learned Page 7 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025 NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined Tribunal has assessed the income at a very lower side. Thus, considering the nature of occupations of the deceased at the time of accident it would be just and proper, if the income of the deceased is assessed at Rs.5,000/- from both the sources of income at the time of accident and accordingly the income of the deceased is assessed at Rs.5,000/- per month at the time of accident. It is not in dispute that at the time of accident, the deceased was aged about 28 to 29 years, therefore, the 40% of the notional income is required to be added on account of future prospects of the deceased in view of the judgment in the case of Sarla Varma & Ors Vs. Delhi Transport Corp. & Anr. reported in 2009 (06) SCC 121 and Pranay Shethi(supra). Thus, after adding 40% of the the notional income of the deceased, the monthly income for calculating the loss of dependency would come to Rs.7,000/- (Rs.5,000/- x 40% of 5000).
15. It is undisputed fact that the deceased was survived by 3 legal representatives. Therefore, 1/3 of the income is to be deducted on account of the personal expenses of the deceased. Hence, net income would come to Rs.4,667/- (Rs.7,000/- (less) Rs.2333/-). Considering the age of the deceased, as 28 to 29, the multiplier of 17 is to be applied. Therefore, the future loss of Page 8 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025 NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined dependency would come to Rs.9,52,068/- i.e. (4667 x 12 x 17).
16. The learned Tribunal has awarded a meager amount of Rs.2,000/- under the both head of loss of estate and loss of consortium. In my considered view, the learned Tribunal has awarded a compensation under these heads very conservatively at lower side. Therefore, a sum of Rs.1,45,200/- i.e. (48400 x 3 ) is awarded under the head of loss of consortium to all the three legal representatives in accordance to the ratio of the judgment of Apex Court rendered in the case of Magma General Insurance Company Limited Vs Nanu Ram @ Chuhru Ram reported in 2018 (18) SCC 130. Further, a sum of Rs.18,150/- is awarded under the head of loss of estate and a sum of Rs.18,150/- under the head of funeral expenses. It is also on record that the accident took place on 11.12.2002 and thereafter the deceased was admitted to the hospital at Rajkot, where he received treatment and he took his last breath on 13.12.2002. During the period of treatment he would have suffered a lot of pain, shock and suffering. However, the learned Tribunal has not awarded any amount of compensation under the head of pain, shock and suffering. Therefore, it would be just and proper if a sum of Rs.10,000/- is awarded under the head of pain, shock Page 9 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025 NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined and suffering.
17. Thus, in view of the above discussions, the appellant shall be entitled for the following compensation under the following heads:-
Particulars Amount (Rs.)
Future Loss of Income 9,52,068/-
Loss of consortium 1,45,200/-
Loss of estate 18,150/-
Funeral expenses 18,150/-
Pain, Shock and Suffering 10,000/-
Total 11,43,568/-
Less: compensation already awarded 3,67,000/-
Enhancement 7,76,568/-
18. The learned Tribunal awarded a sum of Rs.3,67,000/-, therefore, the claimants/appellants shall be entitled for an additional amount of compensation of Rs.7,76,568/- (Rs.11,43,568/- (Less) Rs.3,67,000/-). The learned Tribunal has awarded the interest at the rate of 9% per annum from the date of filing of the claim petition till realization. Therefore, the claimants shall also be entitled for the same rate of interest on the additional amount of compensation.
Page 10 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025
NEUTRAL CITATION C/FA/3759/2012 JUDGMENT DATED: 03/12/2025 undefined
19. In view of the above discussions, the captioned appeal stands allowed partly.
20. The respondent No.1- ST Corporation shall deposit the additional amount of compensation along with the interest within a period of 6 weeks from today. Upon depositing of the said amount, the learned Tribunal shall disburse the said amount to the original claimants, after deducting the deficit court fees, if any, and after due verification.
21. Amount, if any, lying deposited with the Registry of this Court, the same be transmitted to the concerned learned Tribunal forthwith.
22. R & P, if any, be sent back to the concerned learned Tribunal forthwith. No order as to costs.
(MOOL CHAND TYAGI, J) CDP Page 11 of 11 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Dec 06 2025 Downloaded on : Mon Dec 08 20:38:05 IST 2025