Gujarat High Court
Oriental Insurance Company Ltd vs Namdev Dhanuji Jagtap on 14 November, 2025
NEUTRAL CITATION
C/FA/543/2015 JUDGMENT DATED: 14/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 543 of 2015
With
CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of
2018
In R/FIRST APPEAL NO. 543 of 2015
With
R/CROSS OBJECTION NO. 108 of 2015
In
R/FIRST APPEAL NO. 543 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
✔
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ORIENTAL INSURANCE COMPANY LTD
Versus
NAMDEV DHANUJI JAGTAP & ORS.
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Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
MAULIK H VAGHELA(7810) for the Defendant(s) No. 1,3,4,5,6
MR KRUNAL R SAKSENA(5915) for the Defendant(s) No. 1,3,4,5,6
MS E.SHAILAJA(2671) for the Defendant(s) No. 9
MS VANDANA L BHATT(2464) for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 7,8
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 14/11/2025
ORAL JUDGMENT
1. The present appeal is filed against the impugned judgment and award dated 22.04.2014 passed by the Motor Accident Claims Tribunal (Auxi), City Civil & Sessions Court, Ahmedabad Page 1 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Nov 15 2025 Downloaded on : Tue Nov 18 23:54:43 IST 2025 NEUTRAL CITATION C/FA/543/2015 JUDGMENT DATED: 14/11/2025 undefined in Motor Accident Claim Petition No.813 of 2003, whereby the learned Tribunal has awarded a sum of Rs.7,60,000/- as a compensation along with the interest at the rate of 9% per anuum from the date of filing of the claim petition till the date of realization.
2. The original claimants have also filed the captioned Cross- objection for the enhancement of compensation.
3. The succinct facts leading to file the present appeal and Cross-objection are that on 16.01.2003 deceased Rahulbhai was going from Palanpur to Ahmedabad by driving Tempo bearing registration No.GJ-1-TT-9663 and when he was passing from Palanpur Highway near Bharkavada Sim, in the meantime, the respondent No.1 came by driving his truck bearing registration No.RJ-19-G-4100 in a rash and negligent manner at an excessive speed so as to endanger the human life and hit the Tempo of the deceased Rahulbhai. In the said accident, Rahulbhai succumbed to the injuries. It is also the case of the claimants before the learned Tribunal that at the time of accident, the deceased was aged about 24 years and was earning Rs.3,000/- per month and an incentive of Rs.50/- per day. Page 2 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Nov 15 2025 Downloaded on : Tue Nov 18 23:54:43 IST 2025
NEUTRAL CITATION C/FA/543/2015 JUDGMENT DATED: 14/11/2025 undefined Hence, they claimed the compensation of Rs.10,00,000/- with interest.
4. The notices of the claim petition were duly served upon the respondents, original respondent No.2 i.e. Oriental Insurance Company Limited/appellant herein filed the written statement at Exh-13 denying all the contentions raised in the claim petition and prayed for dismissal of the claim petition.
5. Having considered the pleadings of the parties, the learned Tribunal has framed the issued at Exh-59 which are as under:-
"1. Whether the petitioners prove that the accident had taken place due to rash and negligent driving of driver of vehicle involved in the accident?
2. Whether the petitioners are entitled to get compensation? If yes, what amount and from whom?
3. What final award?"
6. In order to prove their claims, the original claimants have led the following oral as well as the documentary evidences.
Sr No. Particulars Exhibit 1. Affidavit in examination-in-chief 49 2. Copy of Complaint 55 3. Copy of panchnama of the place 56 of accident 4. Copy of Inquest panchnama 57 5. Post Mortem report of the 58 deceased Page 3 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Nov 15 2025 Downloaded on : Tue Nov 18 23:54:43 IST 2025 NEUTRAL CITATION C/FA/543/2015 JUDGMENT DATED: 14/11/2025 undefined
7. Having considered the material on record, the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.7,60,000/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of claim petition till realization and respondent No.1 and 2 held liable to pay the compensation jointly and severally, however, the respondent No.3 and 4 were exonerated from all the liabilities.
8. Being aggrieved and dissatisfied with the impugned judgment and award, original opponent No.2 before the learned Tribunal/appellant herein preferred the appeal and thereby challenging the impugned judgment and award on the ground of quantum while the original claimants have filed the captioned Cross-objection for enhancement of compensation.
9. Heard learned advocates for the parties.
10. Learned advocate Mr. Rituraj M. Meena appearing on behalf of the appellant vehemently submitted that the learned Tribunal has committed serious illegality in ascertaining the income of the deceased at Rs.3,000/- per month, though the income was not proved on record. He further submitted that the Page 4 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Nov 15 2025 Downloaded on : Tue Nov 18 23:54:43 IST 2025 NEUTRAL CITATION C/FA/543/2015 JUDGMENT DATED: 14/11/2025 undefined accident occurred in the year 2003, therefore, the learned Tribunal cannot be considered the income more than Rs.2,000/- at the time of accident. He further submitted that, therefore, the award is required to be modified accordingly.
11. On the other hand, learned advocate for the original claimants vehemently submitted that there is no infirmity in considering the income of the deceased as Rs.3,000/- at the time of accident. He further submitted that the oral evidences have been led to that extent that the deceased was earning Rs.3,000/- per month and he was also getting the incentive of Rs.50/- per day. Therefore, the learned Tribunal has rightly considered the income of the deceased. He further submitted that the original claimants are not challenging the award on the ground of negligence but they are challenging the award on the ground that the meager amount has been awarded under the head of loss of estate, loss of consortium and funeral expenses. Therefore, the compensation awarded under these heads be suitably modified in accordance to the settled positions of the law as laid down by the Hon'ble Apex Court in the case of Sarla Varma & Ors Vs. Delhi Transport Corp. & Anr. reported in 2009 (06) SCC 121 and National Insurance Company Ltd. Vs. Page 5 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Nov 15 2025 Downloaded on : Tue Nov 18 23:54:43 IST 2025 NEUTRAL CITATION C/FA/543/2015 JUDGMENT DATED: 14/11/2025 undefined Pranay Shethi, reported in (2017) 16 SCC 680 and Magma General Insurance Company Limited Vs Nanu Ram @ Chuhru Ram reported in 2018 (18) SCC 130. He further submitted that the award is required to be modified to that extent.
12. Having considered the submissions of the learned advocates for the parties, it is to be noted that there is no dispute regarding the negligence, age and the manner of happening of accident. The appellant has challenged the income while the original claimants have challenged the compensation awarded under the conventional heads.
13. Having considered the pleadings of the original claimants and the oral evidence on record, the learned Tribunal has considered the income of the deceased at Rs.3,000/- per month. The learned Tribunal has also enhanced the income by 40% on account of the future prospective income of the deceased. The accident had occurred in the year 2003. It is not in dispute that the deceased was the driver and he can be termed as skilled worker. Therefore, the learned Tribunal has not committed any error in considering the income of the deceased at Rs.3,000/- per month at the time of accident and further adding the 40% of Page 6 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Nov 15 2025 Downloaded on : Tue Nov 18 23:54:43 IST 2025 NEUTRAL CITATION C/FA/543/2015 JUDGMENT DATED: 14/11/2025 undefined the monthly income on account of future prospects of the deceased as the deceased was 24 years old at the time of accident.
14. So far as the contention of the learned advocate for the original claimants is concerned, the learned Tribunal has awarded a sum of Rs.10,000/- under the head of loss of estate. Considering the ratio of the judgment of the Hon'ble Apex Court in the case of Pranay Shethi (Supra) and Nanu Ram @ Chuhru Ram (Supra) the learned Tribunal could have awarded the reasonable amount. Therefore, a sum of Rs.18,150/- is awarded under the head of loss of estate. Further the learned Tribunal has awarded a sum of Rs.10,000/- under the head of loss of consortium, though it is on record that the deceased was survived by his wife, two minor children, his parents and his brother. Therefore, in view of the ratio of the judgment rendered in the case of Pranay Shethi (Supra) and Nanu Ram @ Chuhru Ram (Supra). Both the parents, wife and children are entitled for the compensation under the head of loss of consortium, therefore, accordingly a sum of Rs.2,42,000/- (48,400 x 5) under the head of loss of consortium. Similarly, the learned Tribunal has awarded a meager amount of Rs.5,000/- under the head of Page 7 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Nov 15 2025 Downloaded on : Tue Nov 18 23:54:43 IST 2025 NEUTRAL CITATION C/FA/543/2015 JUDGMENT DATED: 14/11/2025 undefined funeral expenses, it is required to be enhanced to Rs.18,150/-. The learned Tribunal has awarded a sum of Rs.6,000/- on account of transportation of dead body the same is maintained. Therefore, in view of the above discussions, the original claimants shall be entitled for the following amount of compensation under the following heads.
Particulars Amount (Rs.)
Loss of dependency 7,29,000/-
Loss of estate 18,150/-
Loss of consortium (48400 x 5) 2,42,000/-
Funeral Expenses 18,150/-
Expenses towards transportation of dead 6000/-
body
Total 10,13,300/-
Less: compensation already awarded 7,60,000/-
Enhancement 2,53,300/-
15. Learned Tribunal has awarded a sum of Rs.7,60,000/-. In view of the above discussions, the original claimants shall be entitled for an additional amount of Rs.2,53,300/- (Rs.10,13,300/- -(minus) Rs.7,60,000/-). The learned Tribunal has awarded the interest at the rate of 9% per annum the same is maintained and not required any interference.
16. In view of the above discussions, the appeal preferred by Page 8 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Nov 15 2025 Downloaded on : Tue Nov 18 23:54:43 IST 2025 NEUTRAL CITATION C/FA/543/2015 JUDGMENT DATED: 14/11/2025 undefined the Insurance Company stands dismissed and the Cross- objection stands allowed partly.
17. The appellant Insurance Company shall deposit additional amount of compensation within a period of 6 weeks from today along with the interest with the learned Tribunal. Upon depositing of the said amount, the learned Tribunal shall disburse the amount to the original claimants along with the interest after due verification.
18. Statutory amount, if any, lying deposited with the Registry of this Court, the same be transmitted to the concerned learned Tribunal forthwith.
19. R & P be sent back to the concerned learned Tribunal forthwith.
20. No order as to costs.
21. In view of the above, the Civil Application will not survive. Hence, Civil Application is disposed of accordingly.
(MOOL CHAND TYAGI, J) CDP Page 9 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Nov 15 2025 Downloaded on : Tue Nov 18 23:54:43 IST 2025