Gujarat High Court
Sardarsinh Hanubha Zala vs Kanabhai Bachubhai Jaria on 6 February, 2025
NEUTRAL CITATION
C/FA/3767/2012 ORDER DATED: 06/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3767 of 2012
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SARDARSINH HANUBHA ZALA & ANR.
Versus
KANABHAI BACHUBHAI JARIA & ORS.
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Appearance:
MR ASHISH M DAGLI(2203) for the Appellant(s) No. 1,2
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 06/02/2025
ORAL ORDER
Being aggrieved and dissatisfied with the judgment and award dated 16.8.2012, passed by the learned Motor Accident Claims Tribunal, Rajkot in Motor Accident Claim Petition No. 87 of 2009, whereby the claim petition preferred by the appellants has been partly allowed and only an amount of Rs. 2,68,500/- has been awarded as compensation with 8% interest from the date of the institution of the claim petition till realization, the appellant - org. claimants has filed this appeal under Section 173 of the MV Act.
2. The short facts of the case are that son of petitioner Bhagirathsinh was died on account of accident arisen between Qualis Car No.GJ-3DD- 4439 and Truck No.GJ-12U-8606. The said accident was happened on 8- 1-2006 on Gondal Virpur national Highway road. The deceased was driving the car and was going with moderate speed and observing the traffic rules and he was going on the right side of the road. It is alleged that the truck in question was came from opposite direction having driven by it's driver in a negligent manner and dashed with the car, as a result, Page 1 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:39:59 IST 2025 NEUTRAL CITATION C/FA/3767/2012 ORDER DATED: 06/02/2025 undefined deceased was died on account of sustaining fatal injuries. The F.I.R. of the incident was came to be lodged on the very same day alleging the negligent act against the driver of the truck. The police has drawn the Panchnama of the place of incident.
3. The claim petition was filed and the learned tribunal after considering the oral and documentary evidence has passed the award as recorded in paragraph 1 of this order.
4. Learned Advocate Mr.Dagli, for the appellant would submit that that since the claim petition was filed under Section 163-A of the MV Act, the learned tribunal ought to have awarded the compensation by adopting the said formula. He would further submit that learned tribunal ought to have considered the fact that deceased was engaged in agriculture work and partner in the construction work at the time of road accident. He would further submit that learned tribunal ought to have awarded the just and fair compensation.
4.1 By making above submissions, he would urge to allow this appeal.
5. Per contra, learned advocate Mr.Majmudar for the insurance company would submit that tribunal has specifically noted absence of any proof of income of the deceased and thereby rightly taken up the monthly income of the deceased at Rs.3,000/-. He would therefore submit that learned tribunal has not committed any error. He would therefore submit to pass necessary order considering the facts and circumstances of the case.
6. Having heard the learned advocates appearing for the respective parties, insofar as the income part of the deceased is concerned, the Page 2 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:39:59 IST 2025 NEUTRAL CITATION C/FA/3767/2012 ORDER DATED: 06/02/2025 undefined deceased was engaged in the agriculture work and having partnership in construction work. The original claim petition is filed under Section 163- A of the MV Act and therefore this Court is to assess the just and fair compensation referring to second scheduled. The deceased was aged 25 years at the time of road accident and there is no dispute on that aspect. Thus, as per the second schedule under the structured formula it would come to Rs.6,12,000/- by applying the multiplier of 17 adopting the monthly income at Rs.3,000/- where-from one-third amount shall be deducted towards the personal and pocket expenses while granting Rs.4,500/- towards the compensation under the loss of consortium, loss of funeral expenses and loss of estate.
7. In Chandra Mani Nanda vs. Sarat Chandra Swain & Anr., [2024 INSC 777] the Hon'ble Apex Court has again reiterated the ratio that it is the duty of the Court to assess the fair compensation and in paragraph 20 has held as under:
"20. An argument is raised by learned counsel for the insurance company that the appellant has initially claimed a sum of 230,00,000/- and since the same having been awarded to him by the High Court, no further enhancement is possible. We cannot accept this argument and it is duly rejected. It is a settled proportion of law, that the amount of compensation claimed is not a bar for the Tribunal and the High Court to award more than what is claimed, provided it is found to be just and reasonable. It is the duty of the Court to assess fair compensation. Rough calculation made by the claimant is not a bar or the upper limit. Reference in this regard can be made to the judgment of this Court in the case of Meena Devi vs. Nunu Chand Mahto".Page 3 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:39:59 IST 2025
NEUTRAL CITATION C/FA/3767/2012 ORDER DATED: 06/02/2025 undefined
8. Therefore, total compensation would be as under, which the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Loss of Dependency as per structured formula @ 4,08,000/-
Rs.6,12,000/- deducting one-third towards personal and pocket expenses.
Loss of consortium; Loss of Estate & Funeral 4,500/-
Expenses
Total 4,12,500/-
Already awarded by the tribunal 2,68,500/-
Enhanced amount of compensation 1,44,000/-
9. In wake of above, I hold that opponents are jointly and severally liable to pay the compensation to the claimants and claimants are entitled to get the total amount of compensation of Rs.4,12,500/- with 8% p.a. interest from the date of filing the claim petition till its realisation, which would meet the ends of justice.
10. For the foregoing reasons, the appeal filed by the appellant is allowed. The opponents are held liable to pay the entire amount of compensation of Rs.1,44,000/- with interest at the rate of 8% from the date of filing of the petition till its realization. The insurance company is directed to deposit the entire amount of compensation as afore-stated with interest and costs within six weeks from today.
11. Upon such deposit, the Tribunal shall disburse the entire awarded 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 apportionment fixed by the tribunal.
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12. 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.
13. Record and proceedings be sent back to the concerned Tribunal, forthwith.
(J. C. DOSHI,J) sompura Page 5 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:39:59 IST 2025