Gujarat High Court
Minaxiben Kantibhai Vasava vs Dayala Premji Meena on 29 September, 2025
NEUTRAL CITATION
C/FA/1167/2025 ORDER DATED: 29/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1167 of 2025
==========================================================
MINAXIBEN KANTIBHAI VASAVA & ORS.
Versus
DAYALA PREMJI MEENA & ORS.
==========================================================
Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4
MASUMI V NANAVATY(9321) for the Defendant(s) No. 3
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
NOTICE UNSERVED for the Defendant(s) No. 1,2
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 29/09/2025
ORAL ORDER
1. The captioned appeal is filed against the impugned Judgment and Award dated 17.01.2024 passed by the learned Motor Accidents Claims Tribunal (Main) at Bharuch in M.A.C.P. No. 121 of 2017, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.9,50,250/- along with interest at the rate of 8% per annum from the date of filing of claim petition till its realization.
2. The succinct facts, which lead to the filing of the present captioned appeal are summarized as under :-
i. Mr. Kantibhai Siriyabhai Vasava, by riding a motorcycle bearing Registration No. GJ-19-AC- 138 was traveling towards Ukai from Fedariya Chokdi. As soon as he reached near Badtal Village, the driver of the offending Truck Page 1 of 9 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Oct 09 2025 Downloaded on : Sat Oct 11 06:18:12 IST 2025 NEUTRAL CITATION C/FA/1167/2025 ORDER DATED: 29/09/2025 undefined bearing Registration No. MH-4-GR-8163 came by driving the said truck at high speed in a rash and negligent manner and dashed into the motorcycle of Mr. Kantibhai Siriyabhai Vasava.
In the said accident, Mr. Kantibhai Siriyabhai Vasava received serious injuries and succumbed to the injuries.
ii. It is also the case of the Appellants-Original Claimants that at the time of accident, the deceased was a driver and he was holding a valid driving license to drive the truck.
iii. Upon being served with the notices of the claim petition, the respondent no. 3 herein - Insurance Company, filed the Exh.62-Written Statement inter alia contending that the averments made in the claim petition are not correct and in brief denied its liability to pay the compensation and prayed for dismissal of the claim Petition.
iv. After considering the pleadings and material on record, the learned Tribunal had framed the following issues at Exh.27, for determination.
i. Whether petitioners prove that, the deceased died on account of the rashness and negligent in driving on the part of the driver of the vehicle involved Page 2 of 9 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Oct 09 2025 Downloaded on : Sat Oct 11 06:18:12 IST 2025 NEUTRAL CITATION C/FA/1167/2025 ORDER DATED: 29/09/2025 undefined in the accident ?
ii. What amount, if any, the claimants are entitled to by way of compensation and from which of the opponents?
iii. What order ?
v. In order to prove their case, the appellants herein/ Original Claimants led oral as well as documentary evidences, such as Affidavit in examination-in-cheif of Minaxiben Kantibhai Vasava (Exh.29), FIR (Exh.33), Panchnama of place of occurrence (Exh.34), Inquest Panchnama of the deceased (Exh.35), P.M. Report of the deceased (Exh. 36), R. C. Book of the truck (Exh.37), Election card of the deceased (Exh.40) and Insurance policy of the truck (Exh.
59).
vi. Having considered the oral as well as documentary evidences and material on record, the learned Tribunal partly allowed the claim petition vide Judgment and Award dated 17.01.2024.
vii. Being aggrieved and dissatisfied by the
impugned Judgment and Award, the
appellants/original claimants have preferred the captioned appeal.
3. Heard learned counsels for the parties.
Page 3 of 9 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Oct 09 2025 Downloaded on : Sat Oct 11 06:18:12 IST 2025NEUTRAL CITATION C/FA/1167/2025 ORDER DATED: 29/09/2025 undefined
4. Mr. Nishit A Bhalodi, learned counsel appearing for the appellants/original claimants submitted that at the time of the accident, Mr. Kantibhai Siriyabhai Vasava (deceased) was working as a driver on a truck, and his monthly income was Rs. 9,000/- to Rs. 10,000/- per month, however, the learned Tribunal has assessed the monthly income of the deceased as Rs. 5,500/- per month. He further submitted that the learned Tribunal has considered the monthly income which is even less than the rate of minimum wages. He further submitted that at the relevant point of time, minimum monthly wages for the skilled worker was Rs. 8,000/- per month, however, the learned Tribunal has considered the notional income of the deceased at a rate less than the rate of minimum wages. He further submitted that the learned Tribunal ought to have considered the monthly income of the deceased as Rs.8,000/- per month.
5. He further submitted that considering the income of the deceased as Rs. 8,000/- per month at the time of the accident, and further adding 40% of the monthly income on account of prospective income of the deceased, the learned Tribunal ought to have calculated the loss of dependency. He further submitted that the learned Tribunal has also committed the serious error in awarding the compensation under the head of loss of consortium. He submitted that the deceased left behind four legal representatives, viz., his widow, two minor children and his mother. However, the learned Tribunal has Page 4 of 9 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Oct 09 2025 Downloaded on : Sat Oct 11 06:18:12 IST 2025 NEUTRAL CITATION C/FA/1167/2025 ORDER DATED: 29/09/2025 undefined awarded a sum of Rs.48,000/- under the head of loss of consortium. He further submitted that the loss of consortium ought to have been awarded to each of the legal representatives of the deceased. Therefore, the impugned Judgment and Award needs to be modified to that extent.
6. On the other hand, Ms. Masumi V Nanavati, learned counsel appearing on behalf of the Insurance Company, submitted that the claimants could not prove the income of the deceased at the time of the accident, therefore, the learned Tribunal has rightly considered the income of the deceased as Rs. 5,500/- per month. She further submitted that the learned Tribunal has rightly awarded a sum of Rs.48,000/- under the head of loss of consortium, therefore, there is no infirmity in the impugned Judgment and Award and therefore, the appeal deserves to be dismissed.
7. Having considered the submissions of the learned counsel for the parties and on perusal of the material available on record, it is evident that there is no dispute regarding the accident, the manner in which it occurred, the negligence involved, or the age of the deceased. Learned counsel for the appellants has challenged the income determined by the learned Tribunal. The learned Tribunal observed that the claimants could not produce any evidence of income of the deceased on record, therefore, the notional income of the deceased at the time of accident was determined as Rs.5,500/- per month. It is not in dispute that Page 5 of 9 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Oct 09 2025 Downloaded on : Sat Oct 11 06:18:12 IST 2025 NEUTRAL CITATION C/FA/1167/2025 ORDER DATED: 29/09/2025 undefined the accident has occurred in the year 2017, and as per the Government Notification of the State of Gujarat, the minimum wages for a skilled labor was Rs.8,000 per month at the relevant point of time. In the absence of any Proof of Income on record, the learned Tribunal ought to have considered the rate of minimum wages for calculating the loss of dependency. Therefore, in my considered view, the learned Tribunal committed an error in not considering the minimum wages in determining the notional income of the deceased. Accordingly, the notional income of the deceased is ascertained at Rs.8,000 per month, as per the Government Notification of the State of Gujarat on minimum wages, prevalent at the relevant point of time of death of Mr. Kantibhai Siriyabhai Vasava in vehicular accident.
8. The learned Tribunal further added 25% of the monthly income on account of the prospective income for the deceased, as per the judgment rendered by the Hon'ble Apex Court in National Insurance Company Ltd. Vs. Pranay Sethi reported in 2017(3) GLH 536 SC. After considering the future prospects of the deceased, 25% to the monthly income is added, and after adding prospective income, the monthly income of the deceased would come to Rs.10,000/- per month.
9. It is not in dispute that at the time of the accident, the deceased-Mr. Kantibhai Siriyabhai Vasava, was survived by four family members/dependants, therefore, in view of the Judgment rendered by the Hon'ble Apex Court in Sarla Verma Page 6 of 9 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Oct 09 2025 Downloaded on : Sat Oct 11 06:18:12 IST 2025 NEUTRAL CITATION C/FA/1167/2025 ORDER DATED: 29/09/2025 undefined and others Versus Delhi Transport Corporation reported in 2009 AIR (SC) 3104, 1/4th of the income is liable to be deducted towards the personal expenses of the deceased. Therefore, after deducting 1/4th on account of the personal expenses from the monthly income of the deceased, it would come to Rs.7,500/-.
10. It is not in dispute that at the time of the accident, the deceased was aged about 45 years. Therefore, the learned Tribunal has rightly applied the multiplier of "14". After applying the multiplier of "14", the future loss of dependency would come to Rs. 12,60,000/- (Rs. 7,500 X 12 X 14).
11. The learned Tribunal has awarded a sum of Rs.18,000/- under the head of funeral expenses, but, as per the judgment of Pranay Sethi (supra), the said amount is liable to be increased by 10% for every three completed years, therefore, the learned Tribunal ought to have awarded a sum of Rs.18,150/- under the said head, and similarly, under the head of loss of estate, the learned Tribunal ought to have awarded a sum of Rs.18,150/-. Accordingly, a sum of Rs. 18,150/- each is awarded under the heads of funeral expenses and loss of estate.
12. The learned Tribunal ought to have awarded the loss of consortium to all the dependants, as the deceased had left behind his widow, two minor children and his mother. Therefore, all the four dependents are entitled for the loss of Page 7 of 9 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Oct 09 2025 Downloaded on : Sat Oct 11 06:18:12 IST 2025 NEUTRAL CITATION C/FA/1167/2025 ORDER DATED: 29/09/2025 undefined consortium. Accordingly, a sum of Rs. 48,400/- each is awarded to all the four dependants under the head of loss of consortium, which would come to Rs. 1,93,600/- (Rs. 48,400 X
4).
13. The learned Tribunal awarded a total sum of Rs.9,50,250/- (Rupees Nine Lac Fifty Thousand Two Hundred Fifty only) along with interests at the rate of 8%, as compensation to the claimants. However, in view of the above discussions, the claimants shall be entitled for the following compensation:-
Sr. No. Heads Amount Awarded
1 Future loss of dependency Rs. 12,60,000/-
2 Loss of estate (+) Rs. 18,150/-
3 Funeral Expenses (+) Rs. 18,150/-
4 Loss of Consortium (+) Rs. 1,93,600/-
5 Total (=) Rs. 14,89,900/-
Compensation awarded by
6 impugned Judgment and (-) Rs. 9,50,250/-
Award dated 17.01.2024.
7 Enhanced amount of (=) Rs. 5,39,650/-
compensation
14. In view of the above, the claimants shall be entitled for an additional compensation of Rs.5,39,650/- (Rupees Five lakh thirty-nine thousand six hundred fifty Only). The learned Tribunal has awarded the interest at the rate of 8% per annum from the date of the claim petition till its realization. Therefore, the claimants shall also be entitled for the same Page 8 of 9 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Oct 09 2025 Downloaded on : Sat Oct 11 06:18:12 IST 2025 NEUTRAL CITATION C/FA/1167/2025 ORDER DATED: 29/09/2025 undefined rate of interest on the additional amount of compensation, from the date of filing of the claim petition till realization.
15. In view of the above discussions, the captioned appeal stands allowed partly and judgment and award is modified to that extent. The Insurance Company is directed to deposit the additional compensation amount, along with interest, with the concerned learned Tribunal within six weeks from today. Upon depositing the said amount, the major claimants shall be entitled to receive their share of the compensation. However, in the case of the minor claimants (appellant nos. 2 and 3), their shares shall be invested in a Fixed Deposit with any Nationalized Bank and the same will be disbursed to appellant nos. 2 and 3 upon attaining the age of majority. Once they attain the age of majority, the entire claim amount shall be released to these claimants, who are minors as of today.
16. If any amount is lying deposited in the captioned appeal with the Registry of this court, the same may be transmitted to the concerned learned Tribunal. Records & Proceedings, if any, be sent back to the concerned learned Tribunal. No order as to costs.
17. Pending application, if any stands disposed of.
(MOOL CHAND TYAGI, J) ARUN/HARSHIT Page 9 of 9 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Oct 09 2025 Downloaded on : Sat Oct 11 06:18:12 IST 2025