Gujarat High Court
Virbai Aatmaram Alias Aatu Maheshwari vs Ranabhai Devabhai Rabari on 9 July, 2025
NEUTRAL CITATION
C/FA/140/2022 ORDER DATED: 09/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 140 of 2022
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VIRBAI AATMARAM ALIAS AATU MAHESHWARI & ORS.
Versus
RANABHAI DEVABHAI RABARI & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3
MR YOGI K GADHIA(5913) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/07/2025
ORAL ORDER
1. Heard learned advocate Mr. Hiren M Modi for the appellants and learned advocate Mr. Yogi K Gadhia for respondent no.3 - Insurance Company. Though Rule has been issued by this Court upon respondents nos. 1 and 2 await service, however, looking to the limited controversy involved the appeal is taken up for hearing in their absence.
2. The present appeal has been preferred under the provisions of 173 of the Motor Vehicle Act, 1988 (for short 'the Act'), at the instance of the original claimant being aggrieved and dissatisfied by the judgment and award dated 29.11.2018, passed by the Motor Accident Claim Tribunal Kachchh at Bhuj vide MACP No. 506 of 2011. By the said judgment and award the Tribunal has partly allowed the claim petition of the original claimant under Section 166 of the Act, holding the original claimant to entitled to recover the compensation amount of Rs. 5,10,000/- against the claim of Rs. 30,00,000/-. The original opponents being respondents nos. 1 to 3 herein are jointly and severally liable to pay the aforesaid amount Page 1 of 7 Uploaded by Radhika Srinivasan(HCD0042) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:15:07 IST 2025 NEUTRAL CITATION C/FA/140/2022 ORDER DATED: 09/07/2025 undefined of compensation with proposed cost at the rate of 9% from the date of claim petition till the actual realization.
3. This Court considering the submissions made by learned advocate for the appellant and noticing the grounds raised in the appeal memo, it appears that the appeal was admitted on 20.01.2022.
4. Learned advocate for the appellant at the outset has submitted that the original claimants are seeking enhancement of the amount of compensation mainly on two grounds. The attention of this Court was drawn to the issue of entitlement of compensation. It was submitted that the Tribunal has committed grave error and ignored the prescribed wages notified by the State Government at the time of accident. While referring to the schedule of minimum wages, the learned advocate has pointed out that considering the fact that the deceased was engaged as construction worker, the tribunal ought to have considered the amount of Rs. 4,607/-, as the income of the deceased at the time of accident. Learned advocate for the appellant has further submitted that accordingly, the future prospective income of the deceased is required to be enhanced. The income of the deceased accordingly, would stand enhanced from Rs. 36,000 to Rs. 56,400/-. Learned advocate has not disputed the multiplier 13 being adopted in the facts of the case considering the decision of Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation reported in (2009) 6 SCC 121. It is further submitted that considering the age of the deceased, which falls between 40 to 50 years. In view of the decision of Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680), the determination Page 2 of 7 Uploaded by Radhika Srinivasan(HCD0042) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:15:07 IST 2025 NEUTRAL CITATION C/FA/140/2022 ORDER DATED: 09/07/2025 undefined of the income is required to be increased by considering 25% of actual income. He has therefore urged that the future prospective income of the deceased be raised to Rs. 6,11,000 instead of Rs. 3,90,000/-.
4.1 Secondly, learned advocate for the appellant has urged this Court to enhanced amount of compensation towards loss of consortium. Attention of this Court was invited to the fact that the decease was survived by aged mother, widow and his son. He has therefore submitted that in view of the decision of Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd. vs. Nanu Ram reported in (2018) 18 SCC 130, each of the claimants would be entitled for an amount of Rs. 48,400/-. He has therefore urged this Court to reconsider the compensation awarded towards loss of consortium to the tune of Rs. 1,45,200/-.
4.2 In view of the decision of Hon'ble Supreme Court in the case of Pranay Sethi (supra), learned advocate has urged to reconsider the amount awarded under conventional heads. He has therefore prayed for enhancement of total amount of compensation from 5,10,000/- to Rs. 8,42,500/-. Lastly, learned advocate has also prayed for interest on the enhanced amount from the date of filing of claim petition till its actual realization.
5. Learned advocate Mr. Gadhia appearing for respondent insurance Company has though objected to the aforesaid submissions by placing heavy reliance upon the findings and reasons assigned by the tribunal. However, he is unable to dispute the legal position as relied upon by the learned advocate appearing for the appellant original claimants in the facts of present case. He has therefore urged this Court to pass appropriate order.
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6. Considering the aforesaid submissions appearing for the respective parties and having perused the findings and reasons assigned by the Tribunal in light of the legal position as relied upon, this Court is inclined to accept the submissions made by learned advocate for the appellant.
6.1 In absence of any appeal being filed by respondent no.3 Insurance Company, the findings and reasons assigned by the learned tribunal on the facts of the case, more particularly, the issue of the negligence and the involvement of the vehicle has attained finality. As regards the relevant factors to be considered for the purpose of determining the future loss of income is concerned, the age of the deceased is uncontroverted.
6.2 As regards the issue of income of the deceased is concerned, on bare perusal of the minimum wages prescribed by the State Government prevailing at the relevant point of time, this Court is inclined to accept the submission of learned advocate for the appellant to consider the income of the deceased which is raised to Rs. 4,700/- per month. The annual income of deceased is thus assessed as Rs. 56,400/- (Rs.4700 X 12). Considering 25% future rise, the prospective income of deceased is assessed as (Rs. 56,400 X 25% = Rs. 14,100) Rs.14,100 + Rs.56,400 = Rs. 70,500/-. Since the deceased was survived by aged mother, widow and their minor son, in view of the decision of Hon'ble Supreme Court in case of Sarla Verma (supra), 1/3 deduction is required to be applied towards personal and living expenses of deceased. Thus, applying multiplier of 13, the dependency loss is determined as Rs.6,11,000/-. Having held so, the future prospective income of the deceased is required to be enhanced from Rs.3,90,000/- to Rs.6,11,000/-.
Page 4 of 7 Uploaded by Radhika Srinivasan(HCD0042) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:15:07 IST 2025 NEUTRAL CITATION C/FA/140/2022 ORDER DATED: 09/07/2025 undefined 6.3 As regards submissions made by learned advocate for loss
of consortium is concerned, in view of the settled legal position as laid down by the Hon'ble Supreme Court in the case of Magma Gen. (supra) as well as noticing the fact that the deceased was survived by the aged mother, widow and his only son, the respective claimants are entitled to the compensation towards parental, spousal and filial consortium. Thus, each of the claimants are held entitled to amount of Rs. 48,400/- towards loss of consortium.
6.4 There is no challenge being made with regard to the amount of compensation being awarded towards medical expenses. Hence, the award of compensation awarded by the tribunal under the head of medical expenses is hereby confirmed.
6.5 This brings to the last submission of learned advocate for the appellant with regard to the amount of compensation claim towards loss of estate and funeral expenses is concerned, in light of the decision of Hon'ble Supreme Court in the case of Pranay Sethi (supra), this Court, is inclined to accept the aforesaid submission of learned advocate for the appellant original claimant. The amount of Rs. 15,000/- each awarded towards the head of loss of estate and funeral expenses is reconsidered and is enhanced to Rs. 18,150/- each.
For the foregoing reasons, the total amount of compensation is enhanced from Rs.5,10,000/- to Rs. 8,42,500/-.
7. The amount of compensation under each of these heads, is reproduced in tabular form as under:
Page 5 of 7 Uploaded by Radhika Srinivasan(HCD0042) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:15:07 IST 2025NEUTRAL CITATION C/FA/140/2022 ORDER DATED: 09/07/2025 undefined SR Compensation As per impugned Award As per submission No. of claimant 1 Dependancy Loss INCOME Rs.4700/- X 12 Rs.3000/- X 12 = Rs. = Rs. 56,400/-
36000/-
Prospective income Rs.9000/- Rs.14,100/-
25%
TOTAL Rs.45,000/- Rs.70,500/-
Deduction of 1/3 Rs. 15,000/- Rs. 23,500/-
towards personal
expenses
TOTAL Rs.30,000/- Rs.47,000/-
MULTIPLIER 13 13
TOTAL Rs. 3,90,000/- Rs. 6,11,000/-
2 Loss of Consortium
Spouse Rs.40,000/- Rs.48,000/-
Filial Rs.48,000/-
Parental Rs.48,000/-
3. Medical Expenses Rs.50,000/- Rs.50,000/-
4. Loss of Estate Rs.15,000/- Rs.18,150/-
5. Funeral Expenses Rs.15,000/- Rs.18,150/-
GRAND TOTAL Rs. 5,10,000/- Rs.8,42,500/-
AWARDED AMOUNT = Rs.5,10,000/-
ENHANCED AMOUNT = Rs.3,32,500/-
7.1 For the foregoing reasons, the appeal is allowed. The present
appellant- original claimants are held entitled to total amount of compensation to the tune of Rs. 8,42,500/-. Since, the Tribunal has awarded compensation of Rs. 5,10,000/-, the appellants are held entitled to enhanced amount of compensation of Rs. 3,32,500/- (Rs. 8,42,500 - Rs. 5,10,000).
Page 6 of 7 Uploaded by Radhika Srinivasan(HCD0042) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:15:07 IST 2025 NEUTRAL CITATION C/FA/140/2022 ORDER DATED: 09/07/2025 undefined 8. The aforesaid enhanced amount is awarded with
proportionate costs and interest at the rate of 9% per annum as awarded by the Tribunal which shall be recoverable from the respondents herein jointly and severally. The respondents are therefore directed to deposit the aforesaid enhanced amount of compensation within a period of six weeks from the date of receipt of this order. Upon deposit of the aforesaid amount, the Tribunal is directed to released and disburse the entire award amount in favour of the respective claimants which shall be apportioned in terms of the directions of the Tribunal, as recorded in the impugned judgment and award. It is further directed that the Tribunal shall strictly adhere to the guidelines of Hon'ble Supreme Court in this regard. The aforesaid exercise is directed to be completed within a period of two weeks from the date of deposit of the award amount.
With these observations the first appeal stands disposed of.
(NISHA M. THAKORE,J) Radhika Page 7 of 7 Uploaded by Radhika Srinivasan(HCD0042) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:15:07 IST 2025