Gujarat High Court
Sakhuben Nivrutibhai Sapkal vs Siddharth Ratilal Naik on 30 January, 2025
NEUTRAL CITATION
C/SCA/20664/2022 ORDER DATED: 30/01/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20664 of 2022
==========================================================
SAKHUBEN NIVRUTIBHAI SAPKAL & ORS.
Versus
SIDDHARTH RATILAL NAIK & ORS.
==========================================================
Appearance:
NISHIT A BHALODI(9597) for the Petitioner(s) No. 1,2,3,4,5,6
MR MOHSIN M HAKIM(5396) for the Respondent(s) No. 4,5
MR SUNIL B PARIKH(582) for the Respondent(s) No. 3
PANKEET P AUNDHIYA(9421) for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 30/01/2025
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. Instant petition is filed claiming following reliefs in para 9:-
"(A) Your Lordship be pleased to admit and allow this petition.
(B) Your Lordship be pleased to pass an appropriate order to quash and set aside the common order dated 13.04.2022 passed by the Ld. Motor Accident Claims Tribunal at Vadodara in MACMA No.173 of 2022 and 178/2022 and apportioning major portion of the compensation amount to the applicants suitably. (C) Your Lordship be pleased to pass such other further orders may be deemed just and proper looking to the facts and circumstances of the case and in the interest of justice."Page 1 of 4 Uploaded by SATISH C. VEMULLA(HC00206) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:51:27 IST 2025
NEUTRAL CITATION C/SCA/20664/2022 ORDER DATED: 30/01/2025 undefined
3. Brief facts are as under :-
3.1. The applicants has filed MACP No.168 of 2017 for death of Nivrutibhai in road accident before the MACT, Vadodara. The learned Tribunal was pleased to allow the petition of the applicant against the respondents. Upon deposit of decreetal amount by respondent insurance company, MACMA No.173 of 2022 and MACMA No.178 of 2022 was filed by the claimants for disbursement and apportion of the decreetal amount deposited by insurance company. The learned Tribunal was pleased to apportion 40% of the total award amount to applicant no.1 in MACMA No.178 of 2022 i.e. claimant no.1 in MACMA No.168 of 2017, another 40% of the total award amount to applicant no.1 in MACMA No.173 of 2022 i.e. claimant no.2 in MACMA No.168 of 2017 and remaining 20% was apportioned in favour of Minor Ashwini and Minor Ran equally. That no amount was given to other children of deceased Nivrutibhai. That 40% amount given to Savitaben would be unjust as she has to take care of only one child whereas Sakhuben is saddled with liability of raising 5 children.
4. In essence, present petitioner - Sakhuben Nivrutibhai Sapkal, one of the wife of deceased Nivrutibhai Sapkal seeks to disturb ratio of compensation amount awarded by learned Tribunal on the ground that she has responsibility to raise four children.
5. Having heard learned advocate for the petitioner, at the outset, I may refer to para 6 of the impugned judgment passed in MACP No.173 of 2022 which reads as under :-Page 2 of 4 Uploaded by SATISH C. VEMULLA(HC00206) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:51:27 IST 2025
NEUTRAL CITATION C/SCA/20664/2022 ORDER DATED: 30/01/2025 undefined "6. The Learned Advocate for the opponent- I.C.I.C.I Lombard General Insurance Company Ltd., has made an endorsement regarding no objection for payment as per order. Looking to award dated.22/09/2021, I.C.I.C.I Lombard General Insurance Company Ltd., has deposited an amount of Rs.15,25,417/- by way of compensation to be paid to the claimants. As other side has no objection for payment made to the claimants. Thus, the deposited amount of compensation be disbursed to the claimants after deduction of court fee Rs.13,500/-. Therefore, out of remaining amount, the amount be disbursed between the claimants- (1) Sakhuben Nivrutibhai Sapkal, (2) Savitaben Nivruti Sapkal, (3) Minor Ashwini Nivruti Sapkal and (4) Minor Ram Nivruti Sapkal, in the ratio of 40:40:10:10. Out of which, 60% amount be deposited as Fixed Deposit in any Nationalized Bank and 40% amount be paid to the claimants No.1 & 2 after proper verification and identification preferably through N.E.F.T / R.T.G.S. However, the share of Minor claimants namely: Ram Nivruti Sapkal and Ashwini Nivruti Sapkal are concerned, total share of minor claimants be deposited in their name in any Nationalized Bank along with the name of their legal guardian and mother, for the period of Five Years or till the minor claimants attend the age of maturity whichever is later. Therefore, the following disbursement order is passed and the present application stands disposed off accordingly."
6. Learned Tribunal did believe that Sakhuben and Savitaben are two wives of deceased - Nivrutibhai and apart from them two minor viz. Ashwin and Ram are dependent on the income of the deceased. Accordingly, learned Tribunal has apportioned amount of compensation amongst four claimants in ratio of 40:40:10:10.
Remaining children born out of Sakhuben and Savitaben were major, therefore, learned Tribunal did not consider them to be dependent and therefore, did not grant amount of compensation. This order has not been challenged by said two persons.
Page 3 of 4 Uploaded by SATISH C. VEMULLA(HC00206) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:51:27 IST 2025NEUTRAL CITATION C/SCA/20664/2022 ORDER DATED: 30/01/2025 undefined
7. In view of above, now Sakhuben cannot claim that she may be granted more amount of compensation as she has responsibility to raise four children.
8. The petition is bereft of merits. I see no reason to entertain this petition under Article 227 of the Constitution of India. No error has been committed by learned Tribunal. The petition stands dismissed. Notice discharged.
(J. C. DOSHI,J) SATISH Page 4 of 4 Uploaded by SATISH C. VEMULLA(HC00206) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:51:27 IST 2025