Gujarat High Court
Divisional Manager vs Heirs Legal Represetative Of Deceased on 16 October, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/FA/2084/2013 JUDGMENT DATED: 16/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2084 of 2013
With
R/FIRST APPEAL NO. 1505 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
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DIVISIONAL MANAGER
Versus
HEIRS LEGAL REPRESETATIVE OF DECEASED & ORS.
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Appearance:
MS HINA DESAI(1023) for the Appellant(s) No. 1
MR MOHSIN M HAKIM(5396) for the Defendant(s) No. 1.1
RULE SERVED for the Defendant(s) No. 1.2,1.3,2
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 16/10/2025
ORAL JUDGMENT
(PER : HONOURABLE MS. JUSTICE NISHA M. THAKORE) [1.] The original claimants have preferred First Appeal No.1505 of 2013 under Section 173 of the Motor Vehicles Act, 1988 (henceforth, "the Act, 1988"), being aggrieved and dissatisfied with the judgment and award dated 29.09.2012 passed by the Motor Page 1 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No.662 of 2001, whereas, the cognate appeal registered as First Appeal No.2084 of 2013, is preferred by the S.T. Corporation, assailing the same impugned judgment and award.
[2.] The Division Bench of this Court have admitted both these appeals vide order dated 08.08.2013. Pending the final hearing of both the appeals, in an application for stay preferred by the S.T. Corporation being Civil Application No.7963 of 2013 preferred in First Appeal No.2084 of 2013, the Division Bench of this Court, vide order dated 26.08.2013, noticed that the entire award amount of Rs.13,98,241/- has been disbursed. The Court had, therefore, issued show cause notice upon the original claimant no.1-Jitendra Motibhai Patel, as to why appropriate directions should not be issued to redeposit the amount of investment, which has been withdrawn in excess of the permitted withdrawal of only 30%. In the meanwhile, the learned Principal Judge, Kheda, was directed to share the information about the Judicial Officer, who has passed such an order of disbursement. Subsequently, vide order dated 16.09.2013, considering the report of the learned District Judge and the explanation offered, the Division Bench of this Court referred the matter to be placed before Hon'ble the Chief Justice on Page 2 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined administrative side for suitable action against the erring Officer. Since the appeals were notified for final hearing, the matters were peremptorily heard and decided by this common order. [3.] The case pleaded by the original claimants before the Tribunal, in the claim petition preferred under Section 166 of the Act, 1988, in nutshell was that:
[3.1] On 15.02.2001, the deceased- Vidyaben Jitendrabhai Patel, was standing near the Sandhana Bus Stand. Suddenly, the S.T. Bus, driven at an excessive speed and in a negligent manner by original opponent no.1, hit the deceased, which resulted in the accidental injuries. The deceased died on the spot due to accidental injuries sustained by her.
[3.2] It was pleaded by the claimants that the deceased was 41 years old and was serving as a Teacher in Shri Sharad Shah Higher Education School, Sandhana, and was earning monthly income of Rs.11,050/-. Thus, considering the age, income and earning capacity of the deceased, the claimants which includes the husband and their two minor children, have approached the Tribunal under Section 166 of the Act, 1988, praying for compensation of an amount of Rs.27 Lakhs with interest and proportionate costs, to be realized from the original Page 3 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined opponents.
[4. ] Before the Claim Tribunal, the notices were duly served upon the original opponent nos.1 and 2, who have filed their written statements at Exh.13, inter alia, disputing the manner of occurrence of accident, involvement of the vehicle and the negligence of the driver.
The opponents have also disputed the age, the income and the injuries sustained by the deceased, and had thereby, objected to the claim of compensation.
[5.] Considering the aforesaid pleadings of the respective parties, the Tribunal had proceeded to frame the issues at Exh.7, which read as under:
"(1) Whether the applicants prove that the deceased died to the rash and negligent driving of the driver of the vehicle involved in the vehicular accident as contended ?
(2) Whether the applicants are entitled to get compensation? If yes, what amount and from whom?
(3) What award and order?"
[5.1] The oral and documentary evidence were led by the original claimants. The details of which are reproduced hereunder:
ORAL EVIDENCE:Page 4 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025
NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined Examination-in-chief affidavit of the original
1. Exh.14 claimant no.1 Witness- Bharatkumar Kanubhai Shah, Head
2. Clerk of the Shri Sharad Shah Higher Exh.20 Education School, Sandhana, DOCUMENTARY EVIDENCE:
Sr. Particulars Exh.
No. The certified copy of the complaint dated 1. 28 15.02.2018.2. The panchnama of place of the accident. 29
The copy of the post mortem report of 3. 30 the deceased.
The certified copy of the order passed
4. below application under Section 140 of 31 the Act.
The pay slip of the deceased of the 5. 22 previous month i.e. January-2001.
The certificate issued by Shri Sharad Shah Higher Education School, Sandhana,
6. with regard to the date of birth, date of 23 joining service and expected retirement date of the deceased.
The salary receipt issued by Shri Sharad Shah Higher Education School, Sandhana, 7. 24 indicating the expected salary of January-
2012The copy of the order reflecting gratuity
8. amount of Rs.1,28,700/- received by the 25 heirs of the deceased Page 5 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined The copy of the School Leaving Certificate of the D.V. Patel High School 9. 11 reflecting the date of birth of the deceased.
The copy of the letter dated 19.01.2012 addressed by the advocate of the claimants to Shri Sharad Shah Higher 10. 26 Education School, Sandhana, seeking information about the requisite details of the salary earned by the deceased.
11. The copy of the postal slip 16[5.2] On the other hand, the respondent- S.T. Corporation had initially failed to examine any witness or to lead any documentary evidence. The closing pursish were tendered by the original claimants as well as by the respondent-Corporation at Exh.27 and Exh.32 respectively, thereby declaring their closure of right to lead further evidence. Subsequently, an application was moved by the respondent- Corporation seeking reopening of their evidence stage. The affidavit of the original opponent no.1/Aaskiali Imamali Saiyad- driver of the S.T. Corporation was submitted on record at Exh.36. The respective parties have tendered their written arguments on record at Exh.39 and Exh.40 respectively.
[5.3 ] Upon overall appreciation of the aforesaid evidence brought on record and the arguments advanced, the Tribunal had Page 6 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined answered the aforesaid issues framed at Exh.7 in affirmative, thereby, holding the driver of the S.T. Corporation negligent towards the occurrence of accident to the extent of 90% and the deceased was found to have contributed to the occurrence of accident to the extent of 10%.
[5.4] On the issue of quantum of compensation and liability, the Tribunal had held the original claimants entitled to recover an amount of Rs.14,92,800/- from the opponents with interest at the rate of 7.5% per annum from the date of filing of claim petition till its actual realization. The appropriate directions of the disbursement and investment of the amount to be deposited, were also issued by the Tribunal.
Hence, the present appeals at the instance of the original claimants as well as on behalf of the S.T. Corporation mainly disputing the quantum of compensation and the issue of negligence viz-a-viz the liability.
[6.] We have heard learned advocate Ms. Hina Desai appearing for the appellant- S.T. Corporation and learned advocate Mr. Mohsin Hakim appearing for the original claimants. In the appeal preferred by the original claimants, learned advocate Mr. C.S. Shukla Page 7 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined has entered appearance on behalf of the respondent- S.T. Corporation.
[7.] Learned advocate for the appellant-Corporation has assailed the impugned judgment and award passed by the Tribunal on the issue of negligence and the consequential liability of the S.T. Corporation. It is submitted that no eye witness has been examined by the original claimants. The two witnesses, who have been examined by the applicants include the applicant no.1, who is the husband of the deceased and the witness, who is the Head-clerk associated with the School, where the deceased used to serve as a Teacher. None of the aforesaid witnesses has seen the occurrence of the accident. On the other hand, the S.T. Corporation has examined the driver of the alleged bus involved.
[7.1] The attention of this Court was invited to the specific defence raised by the S.T. Corporation in the written statements submitted before the Tribunal. Learned advocate has disputed the involvement of the vehicle involved. According to her, even the bare appreciation of the original complaint and the panchnama produced on record, do not indicate the involvement of the vehicle. Alternatively, she has submitted that it has transpired on record that the deceased was trying to cross the road and in the process, the bus, Page 8 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined while moving ahead, seems to have hit the deceased. She has, therefore, prayed to hold the driver of the S.T. Corporation as well as the deceased equally negligent towards the occurrence of accident. As regards the quantum of compensation, the learned advocate has submitted that the First Appeal of ST Corporation is confined to the issue of negligence and liability and quantum is not challenged. She has therefore prayed to allow the First Appeal by exonerating the S.T. Corporation or alternatively, the liability may be reduced to 50% of the amount determined by holding the deceased equally negligent towards the occurrence of accident.
[8.] Per contra, Mr. Mohsin Hakim, learned advocate appearing for the original claimants, has vehemently opposed the submissions made by learned advocate Ms. Hina Desai appearing for the appellant- S.T. Corporation on the issue of negligence. It is submitted that right from inception of filing of the claim petition, the specific case pleaded before the Tribunal, was that the deceased was a pedestrian and while she was standing near the bus stand, the driver of S.T. Corporation by driving the bus in a rash and negligent manner, had hit the deceased causing fatal injuries. It was pointed out that the driver had not stopped the bus and had fled away from the place of the accident. Later on, the conductor of the said bus had reported Page 9 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined about the accident to the concerned police station against the driver of the S.T. Corporation- opponent no.1.
[8.1] The attention of this Court was invited to the written arguments submitted by the claimants before the Tribunal at Exh.39, as well as the pursish submitted at Exh.27 and Exh. 32 by the respective parties, declaring their intention of closure of their evidence stage. It was submitted that noticing the plea of the claimants to draw adverse inference in absence of any witness mainly the conductor and the driver of the S.T. Corporation, being examined by the respondent- Corporation, the application seeking reopening of the evidence stage, was moved. The affidavit of the driver of the S.T. Corporation was subsequently submitted before the Tribunal at Exh.36. The bare appreciation of the deposition of the driver of the S.T. Corporation, suggests a contradictory stand being taken by the said witness inasmuch as, he has completely denied the fact of involvement of the vehicle and the occurrence of the accident, despite the fact that the complaint was given by the conductor of the S.T. Corporation. In his cross-examination, however, the said witness has fairly admitted that the deceased had succumbed to fatal injuries, caused due to the motor vehicle accident. Learned advocate has, therefore, submitted that it is not open for the S.T. Corporation to Page 10 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined seek complete exoneration by disputing the involvement of the vehicle and the occurrence of the accident.
[8.2] As regards the issue of contributory negligence being raised in the present appeal by the S.T. Corporation, learned advocate has submitted that the appellant-Corporation has failed to examine the conductor as a witness, who had, in fact, reported about the occurrence of the accident before the concerned police station. Considering the contents of the FIR, this Court may raise adverse inference against the S.T. Corporation for non-examination of such vital witnesses. He has, therefore, submitted that though there is no challenge being made on the issue of negligence at the instance of the original claimants in the cognate appeal preferred by them, this Court may not interfere with the findings and reasons assigned by the Tribunal on the issue of negligence attributing 10% to the deceased. It was submitted that pursuant to the FIR registered, the investigation was carried out by the Competent Officer and charge-sheet was filed against the present opponent no.1- driver of the S.T. Corporation. He has fairly pointed out that the criminal case registered pursuant to such charge-sheet, has resulted into the acquittal of the original opponent no.1- driver of the S.T. Corporation for the offence alleged. However, he has submitted that the criminal court has acquitted the Page 11 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined driver of the S.T. Corporation, giving benefit of doubt. He has further submitted that the aforesaid ruling of the criminal court shall have no bearing to the present proceedings, as the Tribunals are expected to evaluate the evidence on the principles of the touchstone of the preponderance of probabilities.
[8.3] The reliance was also placed on the provisions of sub- section (6) of Section 158 of the Act, 1988, to contend that the obligation is on the Tribunal to call for necessary documents so as to satisfy as regards the involvement of the vehicle as well as the manner in which the accident has taken place. The reliance was also placed on sub-section (4) of Section 166 of the Act, 1988, in this regard. The attention of this Court was invited to the observations made by the Hon'ble Supreme Court in the case of Jai Prakash vs M/S. National Insurance Co. & Ors. reported in 2010 (2) SCC 607 in this regard. [8.4] On the issue of quantum of compensation, the learned advocate, at the outset, has submitted that the cognate appeal preferred by the original claimants, is mainly confined to the enhancement of the amount of compensation under the conventional heads and the loss of gratuity being completely lost sight of by the Tribunal. Learned advocate has fairly submitted that there is no Page 12 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined challenge in the present appeal as regards the amount of compensation being determined under the head of dependency loss. [8.5] On the issue of quantum of compensation under the conventional heads, learned advocate has mainly relied upon the decision of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi and Others reported in (2017) 16 SCC 680. It was submitted that the claimants mainly include the husband of the deceased and their two minor children, and have therefore, prayed for an amount of Rs.1,45,200/- towards the loss of consortium. With regard to the amount of compensation being awarded towards the expectancy of life and loss of estate is concerned, learned advocate has urged this Court to consider it as Rs.18,150/-. Similar prayer was sought for, as regards funeral expenses is concerned, to be considered as Rs.18,150/-. [8.6] Lastly, learned advocate has drawn our attention to the evidence of the Head-Clerk of the School being examined by the claimant at Exh. 20. Referring to the evidence of the said witness, learned advocate has submitted that considering the remaining tenure of the service of the deceased, who was indisputably working as a Teacher in the High School, at the time of her retirement, she Page 13 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined would have earned gratuity of an amount of Rs.1,28,700/- as deposed by the said witness. Our attention was also invited to the calculation proposed by considering her remaining length of service in this regard, which is produced on record at Exh.26. The reliance was placed on the decision of the Division Bench of this Court in the case of Oriental Insurance Co. Ltd vs. Smitaben Jayendrabhai Patel reported in 2015 (0) ACJ 2366, more particularly, para-8 onwards. It was submitted that the Division Bench has extended the difference in the loss of gratuity to the extent of the amount of gratuity which was already received in case of premature death. Learned advocate has rightly pointed out that in such an event, the interest to be considered on loss of gratuity may be awarded from the date of the judgment of the Tribunal till its actual realization. Learned advocate has, therefore, urged this Court to allow the appeal preferred by the original claimants and to enhance the amount of compensation, which may be awarded with interest and proportionate costs. [9.] On the issue of negligence, in rejoinder, learned advocate Ms. Hina Desai appearing for the appellant- S.T Corporation, has reiterated that admittedly no eye witnesses have been examined by the claimants. The panchnama, which is produced on record, cannot be considered as a proof of involvement of the vehicle in the accident. Page 14 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025
NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined Even otherwise, there was no intention on part of the driver to cause the death of the deceased. On close scrutiny of the contents of the panchnama, it suggests that the deceased was not careful and she had, in fact, contributed to the occurrence of the accident. She has, therefore, urged this Court to hold the deceased equally negligent towards the occurrence of the accident.
[10.] Mr. Chintan. S. Shukla, learned advocate appearing for the respondent- S.T. Corporation in the cognate appeal preferred by the original claimant, has also addressed this Court on the issue of negligence, in support of the arguments made by learned advocate Ms. Hina Desai, in the appeal preferred by the S.T. Corporation, has pointed out that, in fact, the close examination of the contents of the panchnama produced by the claimant, clearly suggest that the deceased was crossing the road and while she had reached in the middle of the road, the accident had taken place. The only inference which can be drawn from such panchnama is that, the deceased, in the process of crossing the road, was not careful and vigilant, which had contributed to the occurrence of the accident. He has, therefore, supported the case of the S.T. Corporation to hold the deceased equally negligent towards the occurrence of the accident. Page 15 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025
NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined [10.1] On the issue of quantum of compensation, the learned advocate Mr. C.S. Shukla has submitted that no cogent material is produced on record as a proof of salary of the deceased. [10.2] Disputing the aforesaid submissions of learned advocate for the S.T. Corporation, Mr. Mohsin Hakim, learned advocate appearing for the appellants-original claimants in the cognate appeal, has invited our attention to the deposition of the Head Clerk of the School, who has been examined as witness at Exh. 20. The reliance was also placed on the document produced on the record at Page 119 of the paper book. He has, therefore, submitted that considering the salary slip produced on record, in absence of any challenge being made by the S.T. Corporation with regard to quantum of compensation, such a plea taken by the learned advocate for the respondent-Corporation, may not be considered. [10.3] Learned advocate Mr. C.S. Shukla appearing for the S.T. Corporation has fairly submitted that a reasonable amount may be considered towards the loss of gratuity, as prayed for, by considering her service tenure. He has submitted that the S.T. Corporation being a public utility, may not be saddled with an exorbitant amount under the guise of loss of gratuity.
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NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined [10.4] Disputing the aforesaid submissions of learned advocate for the respondent-Corporation, learned advocate Mr. Hakim has, once again, placed reliance upon Para- 7 of the document produced on record at Exh. 26, whereby the proposed calculation of the gratuity amount, to be realized, in case, if the deceased had survived for the remaining service tenure, has been tendered on record. The aforesaid document has been verified and proved through the evidence of the said witness i.e., the Head Clerk of the School at Exh. 20. [10.5] During the course of arguments, learned advocate for the original claimants, while seeking enhancement under the head of loss of consortium and other conventional heads, has placed reliance upon the decision of the Hon'ble Supreme Court in the case of New India Assurance Co. Ltd vs. Sonigra Juhi Uttamchand reported in 2025 (3) SCC 23, to contend that the Constitutional Bench's decision in the case of Pranay Sethi (supra), more particularly, Para 59.8, wherein the Court has specified that the amount under the conventional heads is subject to revision at the rate of 10% every 3 years. The Hon'ble Supreme Court, in the aforesaid decision, has further clarified that considering the principles laid down in the case of M.A. Murthy vs. State Of Karnataka And Ors. reported in 2003 (7) SCC 517, once a decision of the Supreme Court on the issue is pronounced, it is Page 17 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined applicable to all the cases, irrespective of the stage of pendency thereof, and it shall be assumed that the enunciation of principles by the said decision, is in fact, from the inception. He has, therefore, submitted that appropriately 10% of the amount determined by the Constitutional Bench's decision in the case of Pranay Sethi (supra), as recorded in Para 52, be revised in the present case. Learned advocate has therefore urged to allow the cognate appeal preferred by the claimants and to enhance the total amount of compensation from Rs. 14,92,800/- to Rs. 19,06,416/-.
[11.] We have heard learned advocates appearing for the respective parties and have also perused the evidence produced on record. We have also closely examined the findings and reasons assigned by the Tribunal while deciding the issue of negligence, quantum of compensation and liability in light of the said evidence. Considering the arguments of learned advocates appearing for the respective parties, the points for determination, which arise for our consideration, are framed as under :
1. Whether the Tribunal committed any error in determining the ratio of negligence in the facts of the case, and the evidence brought on record?
2. Whether the Tribunal committed any error in determining the Page 18 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined quantum of compensation to the tune of Rs.16,58,600/- in the facts of the case and the evidence on record?
[12.] We have given thoughtful consideration to the findings and reasons assigned by the Tribunal on the issue of negligence by appreciating the evidence, more particularly, the FIR (Exh.28), the panchnama (Exh. 29), the postmortem report (Exh.30) as well as deposition of the claimant no.1(Exh.14) and the original opponent no.1- driver of Bus at Exh.36. So far the contention of the learned advocate for the appellant- S.T. Corporation seeking exoneration is outrightly not entertained, since in our view, the claimants have successfully established the factum of involvement of vehicle and deceased having sustained fatal injuries on account of the negligence of driver of S.T. Corporation, as is evident from the FIR produced on record at Exh. 28 and the panchnama produced on record at Exh. 29. Admittedly, the FIR has been lodged by the conductor of the offending bus bearing Registration No. GJ-18-V-6109, who has reported before the concerned police station about the incident, whereby one lady being dashed with their vehicle, had expired. The said FIR is registered against the driver of the S.T. Corporation, who has been later on examined as witness by the appellant-Corporation before the Tribunal at Exh.36. The only evidence disputing the Page 19 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined involvement of the vehicle and the issue of negligence, as raised by the S.T. corporation in the appeal preferred by them, is in the form of the evidence of the said driver. On close appreciation of the said evidence, though, in the examination-in-chief, the said witness has disputed the involvement of the vehicle and any occurrence of the accident. However, in his cross-examination, the said witness has admitted the fact of complaint being registered against him, pursuant to the disclosure of the accident as reported by the conductor of his bus. He has also admitted the fact of being chargesheeted; however, has clarified that he has been acquitted in the criminal case for the offence alleged. In our view, the Tribunal has rightly not given weightage to the evidence of the driver and has rightly appreciated the police papers by arriving at a conclusion that the deceased had sustained fatal injuries as being dashed with the ST Bus bearing Registration No. GJ- 18- V-6109 by the original opponent no.1 . [13. ] The seminal issue, which arises for consideration, is as to whether the deceased being negligent has equally contributed to the occurrence of accident. In this regard, on close reading of the panchnama, in light of the deposition of driver of the bus, it transpires that the spot of accident is identified and marked at a distance of 7 feet from the platform of the bus stop in the Northern direction and Page 20 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined 16 feet away from the platform of the bus in the Southern direction. The width of the road is measured as 23 feet. As per the version of the complainant in the FIR, it is stated that the bus had halted at Sandhana Bus Stop and the passengers have boarded the bus and the driver had started the bus from Sandhana Bus Stand and had hardly covered a few distance when the bus had dashed with the lady on the road. Considering the above aspect, the Tribunal has inferred that the driver was driving the bus at moderate speed. The Tribunal has further noted that the accident has taken place in the middle of the road, and has therefore, found the driver of the ST bus negligent to the extent of 90% and of the deceased to the extent of 10%. On re-appreciation of the panchnama, it is evident that the accident has taken place at the intersection of the approach road and the National Highway. In the cross-examination of the applicant no.1, it has transpired that the deceased was a Teacher and was on her way to the morning session of her School at Sandhana. Considering the spot of accident as evident from panchnama, it can be inferred that the deceased had arrived at Sandhana Bus Stop and was in process to cross the road when she was dashed by the bus. Noticing the intersection of pickup road approaching National Highway and pickup road having bus stop platforms on either side, more degree of care and caution is expected from drivers of public utility transport, where naturally the footfall of Page 21 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined pedestrians are found more. At the same time, the deceased was also expected to be careful while crossing the road. Considering the overall evidence on record, applying the theory of res ipsa locutor, we do not find any error, perversity or infirmity in the approach of the Tribunal in evaluation of the evidence, while examining the issue of negligence of driver as well as the deceased having contributed to the accident. Hence, the appeal preferred by the ST Corporation, is without any merits and is hereby dismissed.
[14.] This brings us to the issue of the quantum of compensation being determined on the lower side. The enhancement of the amount of compensation is sought for only under the heads of loss of consortium, loss of estate and funeral expenses. Additionally, the compensation is also sought for under the head of loss of gratuity. As regards the amount of compensation under the conventional heads to be awarded in motor accident cases are concerned, the Constitutional Bench of the Hon'ble Supreme Court through landmark judgment, in the case of Pranay Shethi (Supra), has settled the law in para 52 onwards . The Court has held thus:
"52. As far as the conventional heads are concerned, we find it difficult to agree with the view expressed in Rajesh:
Rajesh v. Rajbir Singh, (2003) 9 SCC 54. It has granted Rs 25,000/- towards funeral expenses, Rs 1,00,000/- loss of consortium and Rs. 1,00,000/- towards loss of care and Page 22 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh: Rajesh v. Rajbir Singh, (2003) 9 SCC 54 refers to Santosh Devi: Santosh Devi v. National Insurance Co. Ltd.,(2012) 6 SCC 421, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided. 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 fact- centric or quantum-centric. 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. We are disposed to hold so because that will bring in consistency in respect of those heads."
Applying the aforesaid principles to the facts of the case on hand, the claimants would be entitled to the benefit of aforesaid ruling of the Hon'ble Supreme Court. Hence, prayer sought for enhancement of the amount of compensation under the conventional heads, is required to be reconsidered.
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NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined [15.] In terms of the aforementioned judgment of the Constitutional Bench of the Hon'ble Supreme Court, the conventional heads determined were loss of estate, loss of consortium and funeral expenses, which were calculated at Rs.70,000/- in all. Later, when the various High Courts granted compensation under the head of loss of consortium to each of the claimants, the matter once again arose for consideration before the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram reported in AIRONLINE 2018 SC 1249. The specific question that arose for consideration before the Hon'ble Supreme Court as noted by the Court, reads as:
"This special leave petition has been filed by the Insurance Company to challenge the compensation awarded on certain counts by the Punjab and Haryana High Court in Nannu Ram v. Mayank Goel [Nannu Ram v. Mayank Goel, 2017 SCC OnLine P&H 4973] , to be contrary to the Constitution Bench judgment in National Insurance Co. Ltd. v. Pranay Sethi [National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 :(2018) 3 SCC (Civ) 248 : (2018) 2 SCC (Cri) 205] ."
[16.] The Hon'ble Supreme Court in paragraph Nos.21 and 24, has held as under:
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NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined
21. A Constitution Bench of this Court in Pranay Sethi [National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 :(2018) 3 SCC (Civ) 248 : (2018) 2 SCC (Cri) 205] 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:[Rajesh v. Rajbir Singh, (2013) 9 SCC 54 : (2013) 4 SCC (Civ) 179 : (2013) 3 SCC (Cri) 817 : (2014) 1 SCC (L&S) 149] 21.1. Spousal consortium is generally defined as rights pertaining to the relationship of a husband-wife which allows compensation to the surviving spouse for loss of "company, society, cooperation, affection, and aid of the other in every conjugal relation". [Black's Law Dictionary (5th Edn., 1979).] 21.2. 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".
21.3. 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 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.
22. Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Page 25 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025
NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined Modern jurisdictions world-over have recognised that the value of a child's consortium far exceeds the 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.
23. 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 count [ Rajasthan High Court in Jagmala Ram v. Sohi Ram, 2017 SCC OnLine Raj 3848 :
(2017) 4 RLW 3368; Uttarakhand High Court in Rita Rana v. Pradeep Kumar, 2013 SCC OnLineUtt 2435 : (2014) 3 UC 1687; in Lakshman v. Susheela Chand Choudhary, 1996 SCC OnLine Kar 74 : (1996) 3 Kant LJ 570] . However, there was no clarity with respect to the principles on which compensation could be awarded on loss of filial consortium.
24. 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 [National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 : (2018) 3 SCC (Civ) 248 : (2018) 2 SCC (Cri) 205] . 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." [17.] Considering the aforesaid principles laid down by the Hon'ble Supreme Court in the case of Magma General Insurance Page 26 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined Company (supra) in the facts of the case on hand, each of the claimants shall be entitled to compensation of Rs.48,400/- towards the loss of consortium. Thus, the amount of compensation awarded under the head of loss of consortium is enhanced from Rs. 15,000/- to Rs. 1,45,200/-. As regards, the amount of compensation under the head of loss of estate is concerned, the same is reconsidered as Rs. 18,150/- instead of Rs. 25,000/- as awarded by the Tribunal. The amount of compensation awarded under the head of funeral expenses is enhanced from Rs. 10,000/- to Rs. 18,150/-.
[18.] Having held so, we are now required to examine the amount of compensation sought under the head of loss of gratuity. We have carefully examined the evidence of the Head Clerk of the School, who has been examined as witness by the claimant at Exh.20. We have also closely scrutinized the various documentary evidence viz. being admitted and proved as evidence. Upon evaluation of the aforesaid evidence, it is established by the claimants that the deceased was serving as a Teacher and was earning an amount of Rs.11,050/- as monthly salary at the time of accident. It is also established that the deceased was to retire in the year-2017 and therefore, had 16 years of service left. The order of gratuity issued on 30.10.2007 is produced on record at Exh. 25, whereby admittedly the Page 27 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined claimants have received an amount of Rs.1,28,700/-. However , the aforesaid amount has been reduced on account of premature ending of services of the deceased due to motor vehicular accident. Thus, claimants having suffered loss due to the negligence of the tortfeasors, are required to be appropriately compensated. [18.1] We have appreciated the proposed amount of gratuity as indicated in the computation provided by the concerned school under the signature of the Principal of said school, as brought on record by claimants at Exh. 26 and the same being verified and proved through the evidence of the Head Clerk of school being examined as witness at Exh.20. Considering the fact that the deceased passed away prior to the implementation of the 6th pay commission from 01.06.2006 by the State of Gujarat, we are inclined to accept the amount of Rs. 4,56,750/- which the deceased would have realised in case she had completed her services. Since, the claimants have received an amount of Rs. 1,28,700/- towards gratuity, the claimants are entitled to an amount of Rs. 3,28,050/- as compensation towards the loss of gratuity. As rightly submitted by the learned advocate for the claimants, the interest to be awarded on such an amount of gratuity shall be from the date of judgment and award passed by the Tribunal. [19.] For the foregoing reasons, the amount of compensation Page 28 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined of Rs.14,92,800/- is reconsidered and enhanced as under:
Under the Head of Compensation of Rs.
Loss of dependency 16,08,690/-
Loss of consortium 1,45,200/-
Loss of estate 18,150/-
Funeral expenses 18,150/-
Total Compensation [A] 17,90,190/-
Loss of Gratuity [B] 3,28,050/-
Total compensation [C] 21,18,240/-
Less 10% deduction towards 19,06,416/-
contributory negligence [D]
[20.] For the reasons recorded by us, the appeal of the S.T.
Corporation being First Appeal No. 2084 of 2013, is dismissed. The cognate appeal of the claimants being First Appeal No. 1505 of 2013, is hereby allowed. The impugned judgment and award dated 29.09.2012 passed by learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad, passed in M.A.C.P. No. 662 of 2001, is hereby modified, with following directions :
(a) The claimants are entitled to a total amount of compensation to the tune of Rs. 19,06,416/-, to be realised jointly and severally from original opponents no.1 and 2.
(b) The claimants are entitled to additional compensation Page 29 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined under the head of loss of gratuity of Rs. 3,28,050/- with the interest at the rate of 7.5% from the date of impugned judgment and award till it's actual realisation .
(c) As regards compensation under the remaining heads viz.
Rs. 17,90,190/-, the same shall be recovered with interest at the rate of 7% from the date of filing the claim petition till it's actual realization.
(d) Let the enhanced amount of compensation with interest and proportionate cost be deposited by the S.T. Corporation within a period of 6 weeks from the date of receipt of this order.
(e) On deposit of such amount, the Tribunal shall be at liberty to proceed with release and disbursement of such amount, as per recognised mode, in favour of claimants in proportion of their share as considered by Tribunal.
(f) Let such exercise be undertaken by the Tribunal within a period of two weeks from the date of deposit of the award amount.
[21.] With these observations, both the appeals stand disposed Page 30 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025 NEUTRAL CITATION C/FA/2084/2013 JUDGMENT DATED: 16/10/2025 undefined of. Registry is directed to send back records and proceedings along with writ of this judgment to the concerned Tribunal forthwith .
(SANGEETA K. VISHEN,J) (NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 31 of 31 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 06:26:40 IST 2025