Gujarat High Court
Lh Of Mukeshbhai Hiradasbhai Gondaliya vs Add Dir (Fw) Com Of Health And Medi S on 7 January, 2025
NEUTRAL CITATION
C/FA/5098/2019 ORDER DATED: 07/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5098 of 2019
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LH OF MUKESHBHAI HIRADASBHAI GONDALIYA & ORS.
Versus
ADD DIR (FW) COM OF HEALTH AND MEDI S & ORS.
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Appearance:
MR VISHAL C MEHTA(6152) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4
MR HARDIK P MEHTA(6943) for the Defendant(s) No. 4
MR KV GADHIA(319) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1,3
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/01/2025
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellants - original claimants, judgement and order passed by the MACT (Auxi), Gondal dated 22/11/2018 in MACP No.375 of 2008, by which the tribunal awarded compensation of Rs.4,90,000/- with 9% interest to the claimants from the date of application till its realization, holding liable opponent no.1 and 2 to the extent of 25% and opponent no.3 and 4 to the extent of 75%.
2. The brief facts of the case are that on 27/05/2008 at about 09:20 to 09:30 hours, the deceased was travelling in Ambulance No.GJ-18G-6910 alongwith his sick relative and going from his village Mota Dadva to Gondal and when the said ambulance Teached near village Mota Dadva on Atkot-Gondal Road at that time, the driver of Truck No.GJ-11T-8764 came driving his truck in rash and negligent manner, with full speed, without observing Page 1 of 6 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:39:23 IST 2025 NEUTRAL CITATION C/FA/5098/2019 ORDER DATED: 07/01/2025 undefined traffic rules so as to endanger to the human life and ultimately dashed with the ambulance in which the deceased was travelling and hence, the accident has happened. Due to the said accident, the deceased had sustained bodily and other.
3. M.A.C.P to be filed by the present appellants before the Motor Accident Claims Tribunal under section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.7,00,000/- from the respondents wherein the tribunal was considering oral as well as documentary evidence led by the parties and submissions made at the bar partly allowed the claim petition by awarding compensation as noted above.
4. Heard learned advocate for the parties.
5. Learned advocate Mr.Mehta for the appellants - claimants has submitted that the tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that the tribunal has erred in deduction of personal instead of one-third it should be one-forth looking to the dependents and age of the deceased.
5.1 He has further submitted that considering the general and non-pecuniary damages, the tribunal should award Rs.18,150/- each towards loss of estate and funeral expenses. He has also submitted that towards loss of consortium, there are four dependents and therefore, it would be awarded Rs.48,400/- to each dependent should be awarded as per the decision of the Hon'ble Apex Court in the case of United India Insurance Co.
Page 2 of 6 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:39:23 IST 2025NEUTRAL CITATION C/FA/5098/2019 ORDER DATED: 07/01/2025 undefined Ltd., versus Satinder Kaur @ Satwinder Kaur reported in (2021) 11 SCC 780. To buttress his submission, he has relied upon the judgment of the Hon'ble Apex Court in case of Chandra @ Chanda @ Chandraram and another Vs. Mukesh Kumar Yadav and others reported in (2022) 1 SCC 198.
5.2 He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.
6. Per contra, Mr.Gadhia, learned advocate for respondent - Insurance Company has submitted that the impugned judgment and award passed by the Tribunal is just and proper. The Tribunal has rightly considered the income of the deceased, the age of the deceased, the dependency and future aspect of income. He has submitted that under the head of loss of estate and funeral expenses, the Tribunal has rightly awarded compensation. He has submitted that the amount under the head of loss of consortium is just and proper. He has submitted that this appeal may be dismissed and no interference be made by this Court.
7. It is noteworthy to mention that the provisions of the Motor Vehicles Act, 1988 which gives paramount importance to the concept of 'just and fair' compensation. It is a beneficial legislation which has been framed with the object of providing relief to the victims or their families. Section 168 of the Motor Vehicles Act deals with the concept of 'just compensation' which ought to be determined on the foundation of fairness, Page 3 of 6 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:39:23 IST 2025 NEUTRAL CITATION C/FA/5098/2019 ORDER DATED: 07/01/2025 undefined reasonableness and equitability. Although such determination can never be arithmetically exact or perfect, an endeavor should be made by the Court to award just and fair compensation irrespective of the amount claimed by the claimants.
8. I have considered the submissions made by the rival parties. I have perused the record and proceedings of the Tribunal. I have gone through the impugned judgment and award passed by the learned Tribunal. From the record, it transpires that the deceased was aged about 42 years. Since at the time of accident, there were total four dependents, 1/4th would be proper to be deducted as personal expenses instead of 1/3rd as deducted by the Tribunal and therefore, it would come to Rs.2,813/-. Hence, the average income would come to Rs.33,756/-. As the deceased is aged about 42 years, multiplier of 17 is proper as per the ratio laid down by the Hon'ble Apex Court in the case of Sarla Verma versus Delhi Transport Corporation reported in (2009) 6 SCC 121, it would come to Rs.4,72,584/- as future loss, which is required to be awarded to the claimants.
9. Further, considering the ratio laid down by the Hon'ble Apex Court in the case of Pranay Shethi (supra), as general and non-pecuniary damages, under the head of loss of estate and funeral expenses, if we award Rs.18,150/- each, which would be the just and proper compensation.
10. Further, there are three dependents to the deceased. Therefore, as per the decision of the Hon'ble Apex Court in the Page 4 of 6 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:39:23 IST 2025 NEUTRAL CITATION C/FA/5098/2019 ORDER DATED: 07/01/2025 undefined case of United India Insurance Co. Ltd., versus Satinder Kaur @ Satwinder Kaur reported in (2021) 11 SCC 780 and in case of Rasmita Biswal Vs. Divisional Manager, National Insurance Company reported in 2022 (2) SCC 767, Rs.40,000/- consortium to each dependent and 10% rise, which comes to Rs.48,400/- as consortium to each dependent, which total comes to Rs.1,68,600/-, which should be awarded to the claimants.
11. Therefore, total compensation would be as under, which the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future Loss of Income 4,72,584/-
Loss of Consortium 1,93,600/-
Loss of Estate 18,150/-
Funeral Expenses 18,150/-
Total Compensation 7,02,484/-
Less : Amount which is already awarded 4,90,000/-
Additional amount which is awarded 2,12,484/-
12. Therefore, I hold that the claimants are entitled to get the total amount of compensation of Rs.7,02,484/- with 9% p.a. interest from the date of filing the claim petition till its realisation, which would meet the ends of justice. Rest of the direction(s) of the Tribunal remain same.
13. For the reasons recorded above, the following order is passed.
14. The present appeal is partly allowed.
Page 5 of 6 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:39:23 IST 2025NEUTRAL CITATION C/FA/5098/2019 ORDER DATED: 07/01/2025 undefined 14.1 The Insurance Company is directed to deposit the enhanced amount Rs.2,12,484/- with 9% p.a. interest from the date of claim petition till its realization before the concerned Tribunal, within a period of six weeks from the date of receipt of this order.
14.2 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.
14.3 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.
14.4 Record and proceedings be sent back to the concerned Tribunal, forthwith.
(J. C. DOSHI,J) sompura Page 6 of 6 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:39:23 IST 2025