Gujarat High Court
Fuliben Sukabhai Parmar vs Somabhai Dabhoibhai Parmar on 5 February, 2025
NEUTRAL CITATION
C/FA/4896/2008 ORDER DATED: 05/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4896 of 2008
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FULIBEN SUKABHAI PARMAR & ORS.
Versus
SOMABHAI DABHOIBHAI PARMAR & ORS.
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Appearance:
MR MTM HAKIM(1190) for the Appellant(s) No. 1,2,3
ABATED for the Defendant(s) No. 2
MR RITURAJ M MEENA(3224) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 05/02/2025
ORAL ORDER
Being aggrieved by and dissatisfied with the judgment and award dated 10/08/2007 passed by the Learned Motor Accident Claims Tribunal, (Auxiliary), Presiding Officer, Fast Track Court No.12, Vadodara, in Motor Accident Claims Petition No.1580/2003, the appellant has preferred this appeal whereby the tribunal awarded compensation of Rs.5,15,000/- with 7.5% interest holding all the opponents liable to pay the said compensation.
2. Heard learned advocates appearing for the parties.
3. Learned Advocate for the appellant would submit that the grant of compensation under the head of consortium and loss of estate and funeral expenses are not in consonance with the decision in case of National Insurance Company Ltd. Vs. Pranay Shethi [(2017) 16 SCC 680]. He would submit to modify the award and to allow the appeal.
4. On the other hand, learned advocate Mr.Meena for insurance Page 1 of 3 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Thu Feb 06 2025 Downloaded on : Fri Feb 07 00:25:58 IST 2025 NEUTRAL CITATION C/FA/4896/2008 ORDER DATED: 05/02/2025 undefined company would submit to pass necessary order considering the facts and circumstances of the case.
5. It is quite noticeable that on perusing the impugned judgment and award the compensation under the head of loss of consortium is granted at Rs.20,000/- globally and Rs.10,000/- and Rs.5,000/- respectively for the loss of estate and funeral expenses. To be noted further that in United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. [AIR 2020 SUPREME COURT 3076] the Apex Court has recognized as to grant or approve the compensation for loss of consortium to each member of the deceased. Here in the present case, deceased was survived by three dependents. Due to death of deceased each of the family member met with the loss and thus the loss of consortium for spousal, filial and parental is required to be granted and it is according granted at Rs.48,400/- each for family member of the deceased. The tribunal has also granted very lower amount for loss of estate and funeral expenses which as per the decision in case of Pranay Sethi (supra) is granted at Rs.18,150/- each.
6. Taking note of above aspect and by taking a liberal view, I am of the opinion that if the total amount of compensation is enhanced to Rs.6,50,000/- it would be just and fair compensation and would serve the interest of justice.
7. For the foregoing reasons, the appeal filed by the appellant is partly allowed. The opponents are held liable to pay the compensation of Rs.6,50,000/-. The insurance company is directed to deposit the enhanced amount of Rs.1,35,000/- with interest at the rate of 7.5% from the date of filing of the petition till its realization and costs within six weeks from today. Upon such deposit, the Tribunal shall disburse the entire awarded Page 2 of 3 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Thu Feb 06 2025 Downloaded on : Fri Feb 07 00:25:58 IST 2025 NEUTRAL CITATION C/FA/4896/2008 ORDER DATED: 05/02/2025 undefined amount lying in the FDR and/or with the Tribunal, with accrued interest thereon, if any, to the claimants, by account payee cheque / NEFT / RTGS, after proper verification and after following due procedure and as per the fresh apportionment fixed by the tribunal in case any of the claimant is reported to be expired.
8. While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law. If order of apportionment is not made by the tribunal, it shall be made while disbursing the amount of compensation.
9. Record and proceedings be sent back to the concerned Tribunal, forthwith.
(J. C. DOSHI,J) sompura Page 3 of 3 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Thu Feb 06 2025 Downloaded on : Fri Feb 07 00:25:58 IST 2025