Gujarat High Court
Shankerlal Keshavlal Barot vs Rakeshkumar Ambaprasad Dubba Deleted on 17 June, 2025
NEUTRAL CITATION
C/FA/1959/2022 JUDGMENT DATED: 17/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1959 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
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SHANKERLAL KESHAVLAL BAROT & ORS.
Versus
RAKESHKUMAR AMBAPRASAD DUBBA DELETED & ORS.
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Appearance:
MR. YOGENDRA THAKORE(3975) for the Appellant(s) No.
1,2,3,4,5
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 17/06/2025
ORAL JUDGMENT
1. The present appeal is field at the instance of the appellants -original claimants under Section 173 of the Motor Vehicles Act, 1988 praying for enhancement of the amount of compensation for Rs.1 lakhs as against the amount of Rs.8,30,500/- being awarded by the Tribunal with proportionate costs and interest at the rate of 9% pa. The appellants have assailed the impugned judgment and award dated 02.05.2019 passed by the Motor Accident Claims Tribunal (Auxi) - 4th Additional District & Sessions Judge, Mehsana in MACP No.76 of 2014 to the aforesaid extent.
2. Noticing the grounds raised in the appeal memo and the submissions made by the learned advocate for the appellants Page 1 of 10 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 22:19:15 IST 2025 NEUTRAL CITATION C/FA/1959/2022 JUDGMENT DATED: 17/06/2025 undefined on the issue of loss of consortium, in view of the decision of the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd vs. Nanu Ram Alias Chuhur Ram & Ors reported in (2018)18 SCC 130, the Coordinate Bench noticing the fact that in all there were five claimants and having disputed the income also, by order dated 30.06.2022, had admitted the appeal.
3. Learned advocate Mr. Rathin Raval has entered his appearance on behalf of the respondent -Insurance Company. Rule issued upon the rest of the respondents have been duly served, however no appearance has been entered. Noticing the issue involved, the matter is peremptorily heard finally in absence of the aforesaid respondent nos. 1 and 2
4. Learned advocate for the respective parties are at ad idem with regard to the enhancement of amount of compensation being sought for in view of the decisions of the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd (supra) as well as of the Constitutional Bench of the Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi & ors reported in (2017) 16 SCC 680. I have closely examined the findings and the reasons assigned by the Tribunal on the aforesaid issue. The law as regards awarding of the amount of compensation under the loss of consortium and the loss of estate as well as funeral expenses are concerned, the same is well settled in light of the aforesaid decisions of the Hon'ble Supreme Court. Appropriate would be to reproduce the relevant observations of the Hon'ble Supreme Court in the case of Magma General Insurance Co.
Page 2 of 10 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 22:19:15 IST 2025NEUTRAL CITATION C/FA/1959/2022 JUDGMENT DATED: 17/06/2025 undefined Ltd (supra). The relevant observations read as under:
"8.1.With respect to the issue of Future Prospects, a Constitution Bench of this Court in Pranay Sethi (supra) has held that in case the deceased was (2017) 16 SCC 680 employed or on a fixed salary, and was below 40 years of age, an addition of 40% of the established income should be granted towards Future Prospects.
Future Prospects are to be awarded on the basis of:
i. the nature of the deceased's employment; and ii. the age of the deceased.
In the present case, it is claimed by the family of the deceased that he was engaged in making namkeen, and was earning a monthly income of about Rs. 15,000 per month. However, no evidence was brought on record to establish the same. The MACT as well as the High Court assessed the income of the deceased on the basis of the minimum wage of an unskilled worker. The nature of his employment being taken as a self employed person.
The deceased was 24 years old at the time of the accident. Hence, future Prospects ought to have been awarded at 40% of the actual income of the deceased, instead of 50% as awarded by the High Court.
Hence, the judgment of the High Court on this issue is modified to that extent.
8.2. With respect to the issue of deduction from the income of the deceased, the Insurance Company contended that the deduction ought to have been ½, and not 1/3rd, since the deceased was a bachelor.
This issue has been dealt with in paragraph 32 of the Page 3 of 10 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 22:19:15 IST 2025 NEUTRAL CITATION C/FA/1959/2022 JUDGMENT DATED: 17/06/2025 undefined judgment in Sarla Verma (supra) wherein this Court took the view that where the family of the bachelor is large and dependent on the income of the deceased, as in a case where he has a widowed mother and large number of younger non earning sisters or brothers, his personal and living expenses may be restricted to one third, as contribution to the family will be taken as two third.
Considering that the deceased was living in a village, where he was residing with his aged father who was about 65 years old, and Respondent No. 2 an unmarried sister, the High Court correctly considered them to be dependents of the deceased, and made a deduction of 1/3rd towards personal expenses of the deceased.
The judgment of the High Court is, therefore, affirmed on this count.
8.3. With respect to the income of the deceased, as the family could not produce any evidence to show that the income of the deceased was Rs. 15,000 per month, as claimed, the High Court took his income to be Rs. 6,000, which is marginally above the minimum wage of an unskilled worker at Rs. 5,342. This finding is also not being interfered with. 8.4. The Insurance Company has submitted that the father and the sister of the deceased could not be treated as dependents, and it is only a mother who can be dependent of her son. This contention deserves to be repelled. The deceased was a bachelor, whose mother had predeceased him. The deceased's father was about 65 years old, and an unmarried sister. The deceased was contributing a part of his meagre income to the family for their sustenance and survival. Hence, they would be entitled to compensation as his dependents.
8.5. The Insurance Company has contended that the High Court had wrongly awarded Rs. 1,00,000 towards loss of Page 4 of 10 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 22:19:15 IST 2025 NEUTRAL CITATION C/FA/1959/2022 JUDGMENT DATED: 17/06/2025 undefined love and affection, and Rs. 25,000 towards funeral expenses.
The judgment of this Court in Pranay Sethi (supra) has set out the various amounts to be awarded as compensation under the conventional heads in case of death. The relevant extract of the judgment is reproduced herein below :
"Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/, Rs. 40,000/ and Rs. 15,000/ respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be factcentric or quantumcentric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years."
(Emphasis supplied) As per the aforesaid judgment, the compensation of Rs. 25,000 towards funeral expenses is decreased to Rs.15,000.
The amount awarded by the High Court towards loss of love and affection is, however, maintained.
8.6 The MACT as well as the High Court have not awarded any compensation with respect to Loss of Consortium and Loss of Estate, which are the other conventional heads under which compensation is awarded in the event of death, as recognized by the Constitution Bench in Pranay Sethi (supra).
The Motor Vehicles Act is a beneficial and welfare legislation. The Court is dutybound and entitled to award "just compensation", irrespective of whether any Page 5 of 10 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 22:19:15 IST 2025 NEUTRAL CITATION C/FA/1959/2022 JUDGMENT DATED: 17/06/2025 undefined plea in that behalf was raised by the Claimant.
In exercise of our power under Article 142, and in the interests of justice, we deem it appropriate to award an amount of Rs. 15,000 towards Loss of Estate to Respondent Nos. 1 and 2.
8.7 A Constitution Bench of this Court in Pranay Sethi (supra) dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is Loss of Consortium.
In legal parlance, "consortium" is a compendious term which encompasses 'spousal consortium', 'parental consortium', and 'filial consortium'. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse.3 Spousal consortium is generally defined as rights pertaining to the relationship of a husbandwife which allows compensation to the surviving spouse for loss of "company, society, co- operation, affection, and aid of the other in every conjugal relation."4 Parental consortium is granted to the child upon the premature death of a parent, for loss of "parental aid, protection, affection, society, discipline, guidance and training." Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and 3 Rajesh and Ors. vs. Rajbir Singh and Ors. (2013) 9 SCC 54 4 BLACK'S LAW DICTIONARY (5th ed. 1979) family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit.
Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern jurisdictions worldover have recognized that the value of a child's consortium far exceeds the Page 6 of 10 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 22:19:15 IST 2025 NEUTRAL CITATION C/FA/1959/2022 JUDGMENT DATED: 17/06/2025 undefined economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased child. The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of Filial Consortium.
Parental Consortium is awarded to children who lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count5. However, there was no clarity with 5 Rajasthan High Court in Jagmala Ram @ Jagmal Singh & Ors. v. Sohi Ram & Ors 2017 (4) RLW 3368 (Raj); Uttarakhand High Court in Smt. Rita Rana & Anr. v. Pradeep Kumar & 6 Ors. respect to the principles on which compensation could be awarded on loss of Filial Consortium.
The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation under 'Loss of Consortium' as laid down in Pranay Sethi (supra).
In the present case, we deem it appropriate to award the father and the sister of the deceased, an amount of Rs. 40,000 each for loss of Filial Consortium.
9. In light of the above mentioned discussion, Respondent Nos. 1 and 2 are entitled to the following amounts :Head Compensation awarded i. Income: Rs. 6,000 ii. Future Prospects: Rs. 2,400 (i.e. 40% of the income) iii. Deduction towards Rs. 2,800 [i.e. 1/3rd of personal expenditure: (Rs.6,000 + Rs.2,400) iv. Total Income: Rs.
Page 7 of 10 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 22:19:15 IST 2025NEUTRAL CITATION C/FA/1959/2022 JUDGMENT DATED: 17/06/2025 undefined 5,600 [i.e. 2/3rd of (Rs.6,000 + Rs.2,400] vi. Loss of future income: Rs. 12,09,600 (Rs.5,600 x 12 x 18) vii. Loss of love and Rs. 1,00,000 (Rs. 50,000 each) affection:
viii. Funeral expenses: Rs. 15,000 ix. Loss of estate: Rs. 15,000 x. Loss of Filial Rs. 80,000 (Rs. 40,000 payable 2014 (3) UC 1687;
Karnataka High Court in Lakshman and Ors. v. Susheela Chand Choudhary & Ors (1996) 3 Kant LJ 570 (DB) Consortium: to each of Respondent Nos.1 and 2) Total compensation awarded: Rs.
14,25,600 alongwith Interest @ 12% p.a. from the date of filing of the Claim petition till payment.
Out of the amount awarded, Respondent No.1 is entitled to 60% while Respondent No.2 shall be granted 40% alongwith Interest as specified above. "
5. Considering the aforesaid settled legal position as regards the loss of consortium and loss of estate and funeral expenses are concerned, the Tribunal while awarding compensation has confined to the amount of Rs.40,000/- and Rs.15,000/- under the respective heads. In view of the decision of the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd (supra), each of the claimants shall be entitled to the separate amount of Rs.48,400/- towards loss of consortium. In the opinion of this Court, the original claimant no.1 being father of the deceased and the claimant no.2 being the mother of the deceased, have right to filial consortium whereas respondent nos. 3 to 5, being the widow and the children of the deceased, are also entitled to the compensation towards loss of consortium. The claimants Page 8 of 10 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 22:19:15 IST 2025 NEUTRAL CITATION C/FA/1959/2022 JUDGMENT DATED: 17/06/2025 undefined are therefore, held entitled to enhanced amount of compensation under the head of loss of consortium to the tune of Rs.2,42,000/- (48,400 X 5). As regards the compensation awarded under the head of funeral expenses and loss of estate is concerned, the chart as reproduced in para 42 of the judgment of the Hon'ble Supreme Court in the case of arla Verma and ors. vs. Delhi Transport Corporation and Anr. reported in (2009) 6 SCC 121 was approved and amount of compensation awarded under the conventional heads viz. Loss of estate, loss of consortium and funeral expenses was mentioned which is required to be enhanced at the rate of 10% in every three years. In view of the decision of the Hon'ble Supreme Court in the case of Pranay Sethi (supra), the aforesaid amounts are therefore, required to be enhanced from Rs.15,000/- to Rs.18,150/-.
6. For the foregoing reasons, the First Appeal therefore, succeeds. The amount of compensation is enhanced from Rs.8,30,550/- to Rs.10,38,500/-. The original claimants are held entitled to interest at the rate of 9% p.a. from the date of filing of the claim petition till its actual realization. The summary of the amount of compensation awarded under the different heads is reproduced herein under:
Particulars Amount (Rs).
Loss of dependency benefits 7,60,500/-
Loss of consortium 2,42,000/-
Funeral expenses and transportation 18,150/-
Loss of estate 18,150
Total Compensation 10,38,500/-
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NEUTRAL CITATION
C/FA/1959/2022 JUDGMENT DATED: 17/06/2025
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7. For the foregoing reasons, the First Appeal is allowed. The impugned judgment and award dated 02.05.2019 passed by the Motor Accident Claims Tribunal (Auxi) - 4 th Additional District & Sessions Judge, Mehsana in MACP No.76 of 2014 stands modified. Let, enhanced amount of compensation of (Rs. 10,38,500/- minus Rs. 8,30,500/-) Rs.2,08,300/- with proportionate costs and interest be deposited with the concerned Tribunal within a period of 6 weeks from the date of receipt of the order. Upon deposit of the aforesaid amount of compensation, the Tribunal is directed to release and disburse the entire award amount in favour of the claimants subject to do verification. Let, such exercise be undertaken by the Tribunal strictly in accordance with the guidelines prescribed by the Hon'ble Supreme Court in this regard preferably within a period of two weeks from deposit of such amount. With these observations, present First Appeal stands allowed in the aforesaid terms.
(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH Page 10 of 10 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 22:19:15 IST 2025