Union Of India Through General Manager vs Sarifabibi Abdul Syed Shaikh

Gujarat High Court

Union Of India Through General Manager vs Sarifabibi Abdul Syed Shaikh on 4 December, 2025

                                                                                                              NEUTRAL CITATION




                             C/FA/1127/2012                                  JUDGMENT DATED: 04/12/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                 R/FIRST APPEAL NO. 1127 of 2012


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
                       ==========================================================

                                    Approved for Reporting                   Yes           No

                       ==========================================================
                                  UNION OF INDIA THROUGH GENERAL MANAGER & ANR.
                                                       Versus
                                        SARIFABIBI ABDUL SYED SHAIKH & ORS.
                       ==========================================================
                       Appearance:
                       MS ARCHANA U AMIN(2462) for the Appellant(s) No. 1,2
                       MR DILIP B RANA(691) for the Defendant(s) No. 1,2,3
                       SERVED BY AFFIX. (R) for the Defendant(s) No. 4
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                         Date : 04/12/2025

                                                        ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 31.12.2011 passed by the learned Motor Accident Claims Tribunal (Aux.), Valsad in M.A.C.P. No. 152 of 2005, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.7,31,100/- along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till its realization, as compensation.

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

NEUTRAL CITATION C/FA/1127/2012 JUDGMENT DATED: 04/12/2025 undefined i. On 25.04.2002 at about 1:45 p.m., Mr. Adbul Syed Shaikh (hereinafter referred to as the "deceased") was travelling in a truck bearing Registration No. GJ-15-G-146 from Khergam to Valsad. The respondent No.1 herein, who was driving the said truck, drove the said truck in a rash and negligent manner, at an excessive speed and dashed the truck with a tree, thereby causing the accident. As a result of the said accident, the deceased sustained grievous injuries and he succumbed to the said injuries.

ii. It is the case of the original claimants before the learned Tribunal that at the time of accident, the deceased was aged about 42 years and he was working with Western Railway, thereby earning a salary of Rs.5,000/- per month.

iii. Having been served with the notices/summons of the Claim Petition, the original opponent No.2/appellant No.2 herein filed its Written Statement at Exh.28, thereby denying the averments made in the Claim Petition in toto and in brief, prayed for dismissal of the Claim Petition.

iv. In order to prove their claim, the original claimants led oral as well as documentary Page 2 of 6 Uploaded by ARUN B(HC02368) on Tue Dec 09 2025 Downloaded on : Wed Dec 10 21:56:17 IST 2025 NEUTRAL CITATION C/FA/1127/2012 JUDGMENT DATED: 04/12/2025 undefined evidence, such as:-

Sr. Description of Documents Exhibit No. No. 1 Affidavit in examination-in-chief and cross-examination of 22 Sarifabibi Abdul Syed Shaikh 2 Copy of FIR 48 3 Copy of panchnama of place of 49 incident.

v. Having considered the pleadings of the parties and the material available on record, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.7,31,100/- along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till its realization, as compensation.

vi. Being aggrieved and dissatisfied with the impugned judgment and award, the original opponents/appellants herein preferred the captioned appeal on the ground of quantum.

3. Heard learned counsels for the parties.

NEUTRAL CITATION C/FA/1127/2012 JUDGMENT DATED: 04/12/2025 undefined

4. Learned counsel for the appellants submitted that the learned Tribunal has determined the income of the deceased at a higher side. He further submitted that the income was further enhanced by 50%, but the same was not halved by the learned Tribunal. He further submitted that the learned Tribunal after considering the prospective income at the rate of 30%, determined the income of the deceased at Rs.6,350/-, which is at higher side. He further submitted that the income of the deceased could have been determined as per basic salary of the deceased at the time of accident, therefore, he prayed for modifying the impugned judgment and award to that extent.

5. On the other hand, learned counsel appearing on behalf of the original claimants vehemently submitted that there is no infirmity in the impugned judgment and award, therefore, the present appeal is devoid of any merits and the same deserves to be dismissed.

6. Having considered the submissions of the learned counsels for the parties and having perused the material available on record, it is to be noted that the appellants have challenged the impugned judgment and award only on the point of income. It is the say of the appellants that the income determined by the learned Tribunal is at a higher side.

7. To appreciate the submission of the learned counsel for the appellants, it would be apt to look into the evidence led by the claimants to prove the income of the deceased. Perusal of Page 4 of 6 Uploaded by ARUN B(HC02368) on Tue Dec 09 2025 Downloaded on : Wed Dec 10 21:56:17 IST 2025 NEUTRAL CITATION C/FA/1127/2012 JUDGMENT DATED: 04/12/2025 undefined the paper-book transpires that the salary slip of the deceased was proved at Exh.53. As per the said salary slip of the deceased, the total salary of the deceased for the month of January, 2021 was Rs.5,163/-. Out of the said salary, some deductions were made. In view of the judgment rendered by the Hon'ble Apex Court in the case of Sarla Verma and Ors. Vs. Delhi Transport Corporation reported in 2009 AIR (SC) 3104, only Income Tax and Professional Tax have to deducted from the total salary to get the net salary for calculating the Future loss of income. The salary slip transpires that a sum of Rs.20/- was deducted on account of Professional Tax. Therefore, after deducting Rs.20/- from the total salary of the deceased, the net salary comes to Rs.5,143/- (i.e., Rs.5,163/- minus Rs.20/-).

8. It is not in dispute that at the time of accident, the deceased was aged about 42 years, therefore, 30% of the net salary is to be added to the salary of the deceased on account of the future prospects of the deceased in view of the judgment rendered by the Hon'ble Apex Court in the case of Sarla Verma (supra) and National Insurance Company Ltd. Vs. Pranay Sethi reported in 2017 (16) SCC 680. Therefore, after adding 30% to the net salary of the deceased, the monthly income of the deceased would come to Rs.6,686/- (i.e., Rs.5,143/- + 30% of Rs.5,143/- = Rs.6,685.9/- rounded off to Rs.6,686/-).

NEUTRAL CITATION C/FA/1127/2012 JUDGMENT DATED: 04/12/2025 undefined

9. Perusal of the impugned judgment transpires that the learned Tribunal has determined the salary of the deceased at the time of accident as Rs.6,315/-, which is at a lower side. Therefore, there is no force in the submission of the learned counsel for the appellants that the learned Tribunal has assessed the income at higher side.

10. In view of the above discussion, I am of the considered view that there is no infirmity in the impugned judgment and award, therefore, the present appeal deserves to be rejected and accordingly, the captioned appeal stands dismissed.

11. The learned Tribunal shall disburse the entire awarded amount to the original claimants (deducting deficit Court fee, if any), after due verification.

12. Amount, if any, lying deposited with the Registry of this Court shall be transmitted to the learned Tribunal concerned forthwith. Records & Proceedings if any, be sent to the learned Tribunal concerned. No order as to costs.

13. Pending application, if any, stands disposed of, accordingly.

(MOOL CHAND TYAGI, J) ARUN Page 6 of 6 Uploaded by ARUN B(HC02368) on Tue Dec 09 2025 Downloaded on : Wed Dec 10 21:56:17 IST 2025