Gujarat High Court
Legal Heirs Of Decd. Rameshbhai ... vs Prakash Pandit Chauhan on 13 January, 2025
NEUTRAL CITATION
C/FA/1535/2017 ORDER DATED: 13/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1535 of 2017
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LEGAL HEIRS OF DECD. RAMESHBHAI KALIYABHAI GAMIT & ORS.
Versus
PRAKASH PANDIT CHAUHAN & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5
MR SUNIL B PARIKH(582) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 13/01/2025
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellants - original claimants being aggrieved and dissatisfied with the judgment and award dated 24.3.2014 passed by the Motor Accident Claims Tribunal, Vyara in Motor Accident Claim Petition No.193 of 2007.
2. Brief facts of the case are as under:
2.1 The brief fact of the present appeal is such that on 05/11/2007 at about 6:30 a.m. husband of the appellant No.1 Rakeshbhai Kaliyabhai Gamit (hereinafter referred as 'Deceased') was going towards Songadh by driving his motorcycle bearing No.GJ-19-B-2515 in moderate speed. When he reached near the Village Sonarpada at that time respondent No.1 came by driving his Truck No.MH-18-M-2341 in rash and negligent manner and Page 1 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:51:03 IST 2025 NEUTRAL CITATION C/FA/1535/2017 ORDER DATED: 13/01/2025 undefined dashed with the motorcycle of the deceased. It is submitted that due to said collision deceased sustain serious injuries and died during the treatment. Therefore the appellants have prayed the compensation for unnatural and ultimet death against the present respondent by way of filing a petition under M.V. Act before the Motor Accident Claim Tribunal, Tapi at Vyara and prayed Rs.15,00,000/- and held these respondents jointly and severally liable to pay the amount of compensation.
3. Learned advocate 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 amount of award is on lower side as the Tribunal has not properly considered the various aspects; like prospective income of the deceased, negligence, liability and family circumstances, etc. He would further submit that the deceased was 30 years and five months old at the time of road accident, and therefore, considering the judgment of the Hon'ble Apex Court in case of Shashikala and others Vs. Gangalakshmamma and another, 2015 ACJ 1239, the multiplier should be 17 instead of 16.
3.1 He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.
4. Per contra, learned advocate for respondent - Insurance Company has submitted that the impugned judgment Page 2 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:51:03 IST 2025 NEUTRAL CITATION C/FA/1535/2017 ORDER DATED: 13/01/2025 undefined 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.
5. Apt to note that the Motor Vehicle Act, 1988 is a beneficial piece of Legislation. The concept of just and fair compensation is integral and seminal to the MV Act. The compensation to be awarded under the principle of just and fair compensation to the injured of the road accident or the legal representative/s of the deceased person is based on the principle of fairness, reasonableness and equability. Anguish of the heart or for mental turbulence being consequential result of the road accident cannot be actually compensated, but the quint essentiality lies in adopting holistic and pragmatic view to the computation of the compensation for the loss sustained, which is to be in the realm of realistic approximation. Although exact or perfect arithmetical calculation of compensation for reparation of the loss arrived from the road accident is almost impossible. The Tribunal is bestowed with duty to make an endevour to award just compensation regardless of the amount claimed by the claimants. The determination of the quantum of compensation therefore, must be liberal and not niggardly since the law values life and limb in a free country in generous scale. Needless to Page 3 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:51:03 IST 2025 NEUTRAL CITATION C/FA/1535/2017 ORDER DATED: 13/01/2025 undefined state that money may be awarded, so that something tangible may be procured to reach something else of the like nature, which has been destroyed or lost, but money cannot renew physical frame that has been battered and shattered being a result of the road accident. Yet Tribunal to endavour to bring back victim to stage of pre-road accident as far as possible Thus, the award must be reasonable and cannot be assessed with moderation though it cannot at the same time be pity and what could be granted must be just, fair and equitable compensation.
6.1 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 learned Tribunal has erred in not adding the future prospects. Further, what could be noticed that at Exh.35, the claimants have produced village form Nos.7/12 and 8A, copy of RC Book is also produced at Mark 5/5 and it transpires that at the time of the accident, the deceased was owing agricultural land as well as tractor and not only, he has used the tractor to plough his land, but also has given the same on rent to plough land of others. The rate of minimum wage at the time of road accident was Rs.3300/- per month and further considering the fact that the deceased was having agricultural land and owing tractor and not only, he has used the tractor to plough his land, but also has given the same on rent to plough land of others, according to this Court, Rs.4500/- can be taken as monthly income of the deceased. Considering the age of the deceased Page 4 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:51:03 IST 2025 NEUTRAL CITATION C/FA/1535/2017 ORDER DATED: 13/01/2025 undefined being 30 years and 05 months at the time of road accident, 40% rise is required to be given to calculate loss of future prospect. Further, considering the ratio laid down by the Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Shethi reported in (2017) 16 SCC 680, the general and non-pecuniary damages, Rs.18,150/- each towards loss of estate and funeral expenses should be awarded. Towards loss of consortium, there are four dependents and therefore, 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. Ltd., versus Satinder Kaur @ Satwinder Kaur reported in (2021) 11 SCC 780.
6.2 Therefore, total compensation would be as under, which the claimants/s is/are entitled to get.
Particulars Amount (Rs.)
Future dependency Loss 9,63,900/-
(Rs.4500 x 12
=Rs.54,000/- +
40% rise =
Rs.75,600 - 1/4
= Rs.56,700 x
17)
Loss of Estate, consortium & funeral 2,78,300/-
expenses
Total... 12,42,200/-
Less: compensation to be awarded 4,18,000/-
Additional amount which is awarded 8,24,200/-
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NEUTRAL CITATION
C/FA/1535/2017 ORDER DATED: 13/01/2025
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7. Therefore, I hold that the claimants are entitled to get the enhanced compensation of Rs.8,24,200/- with 8% 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.
8. For the reasons recorded above, the following order is passed.
8.1 The present appeal is partly allowed.
8.2 The Insurance Company is directed to deposit the enhanced amount with interest as stated herein above within a period of six weeks from the date of receipt of this order.
8.3 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.
8.4 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.
8.5 Record and proceedings be sent back to the concerned Tribunal, forthwith.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 6 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:51:03 IST 2025