Amubhai Narsangbhai Since Decd. ... vs Trishul Transport Corporation ...
2021 Latest Caselaw 18658 Guj

     C/FA/3872/2009                               JUDGMENT DATED: 22/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3872 of 2009


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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1    Whether Reporters of Local Papers may be allowed No
     to see the judgment ?

2    To be referred to the Reporter or not ?                    Yes

3    Whether their Lordships wish to see the fair copyNo
     of the judgment ?

4    Whether this case involves a substantial question No
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

==========================================================
         AMUBHAI NARSANGBHAI SINCE DECD. THROUGH HEIRS
                            Versus
        TRISHUL TRANSPORT CORPORATION PVT LTD & 2 other(s)
==========================================================
Appearance:
MR PANKAJ R DESAI(3120) for the Appellant(s) No. 1,1.1,1.2
MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 2
RULE SERVED(64) for the Defendant(s) No. 1,3
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    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                              Date : 22/12/2021

                             ORAL JUDGMENT

1. The present appeal is filed by the original claimants challenging the impugned judgment and order passed by the Motor Accident Claims Tribunal (Auxi.), Morbi dated 31.12.2007

C/FA/3872/2009 JUDGMENT DATED: 22/12/2021

in MACP No. 201 of 1997, whereby the Tribunal has partly allowed the claim petition of the claimants and awarded the amount of compensation of Rs. 63,800/- with 7.5% interest.

2. The brief facts of the present case are as under.

2.1 On 15.10.2003, an accident was occurred. The deceased Amubhai Narsangbhai was driving Maruti Car bearing registration No. GJ-7-A-4121 coming to Morbi from Nagdavas, when he reached near the village Dadshrinagar, a container Truck bearing registration No. GJ-12-W-8121 came with rashly and negligently collied with the Maruti car. As a result of which, Maruti car was thrown away inside fencing of trees and sustained grave injuries, due to which he was died.

3. Learned advocate for the appellants has submitted that the Tribunal has committed a serious error while considering the income of the deceased, applying wrong multiplier and not considered the future prospective income of the deceased.

4. Having heard learned advocates for the respective parties and having considered the material on record, this Court finds that the present appeal requires to be allowed and the impugned order passed by the Tribunal requires to be modified and substituted. The calculation which, is as under:

Compensation As per award under As per submission challenge of Insurance Company (A) Dependency benefit Rs. 58,800/- Rs. 2,99,880/-

(i) Actual salary/income (p.m) 2,100/- 2,100/-

(ii) Prospective income .... Rs. 840/- (40%)

(iii) Deduction of amount spent by Rs. 700/- (2/3 of Rs. Rs. 1470/- (½ of

C/FA/3872/2009 JUDGMENT DATED: 22/12/2021

deceased on himself 2100/-) Rs. 2940/-)

(iv) Dependency benefit Rs. 700/- x 12 p.m. Rs. 1470x12=Rs.

                                          = 8400/- p.a.                17,640/- p.a.

 (A) Loss of dependency benefit            Rs. 58,800/-                Rs. 2,99,880/-
 (B) Conventional amount for loss                   ...                   Rs. 15,000/-
        to estate
 (C) Conventional amount for loss           Rs. 2,000/-              Rs. 80,000/- (filial
        consortium                                                     consortium)
 (D) Funeral expense                        Rs. 3,000/-                 Rs. 15,000/-
 (E) Any other head (Loss of                       ......                         ......
        expectation of life)
 (F) Total compensation                    Rs. 63,800/-                   4,09,880/-
 (G) Interest rate                                7.5%                       7.5%
        Difference                                  ....                Rs. 3,06,000/-
                                                                    requires to be with
                                                                       7.5% interest

5. Considering the recent decision of the Hon'ble Apex Court in the case of Sarla Verma Vs. Delhi Transport Corporation, reported in (2009) 6 SCC 121 and National Insurance Company Ltd. Vs. Pranay Sethi and others reported in 2017 (3) GLH 536, the present appeal is required to be allowed.

6. In view of above, I pass the following order.

(i)      The present appeal is allowed.


(ii)     The impugned judgment and order passed by the Motor

Accident Claims Tribunal (Auxi.), Morbi dated 31.12.2007 in MACP No. 201 of 1997 is hereby modified and substituted to the extent that the present appellants - original claimants are entitled to get additional amount of compensation of Rs.

C/FA/3872/2009 JUDGMENT DATED: 22/12/2021

3,06,000/- with interest at the rate of 7.5% from the date of application till the date of realization.

(iii) The Insurance Company is directed to deposit the enhanced amount of compensation within a period of eight weeks from the date of receipt of this order.

(iv) The order of apportionment and disbursement will remain as per the order of the Tribunal.

(v) So far as enhance amount is concerned, the enhanced amount of compensation, the 50% is to be paid to the original claimants by account payee cheque and the amount of 50% is be invested in fixed deposit in Nationalized Bank as per choice of the original claimants for a period of three years and the interest accrued on it is to be paid to the appellants - claimants in every quarter.

Record and Proceedings be sent back to the concerned Tribunal forthwith.

(HEMANT M. PRACHCHHAK,J) SALIM/