Gujarat High Court
Laxmiben Sureshbhai Baria vs Ratilal M Patanwadia on 28 January, 2021
Bench: R.M.Chhaya
C/FA/637/2020 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 637 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE R.P.DHOLARIA
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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LAXMIBEN SURESHBHAI BARIA
Versus
RATILAL M PATANWADIA
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Appearance:
MR MOHSIN M HAKIM(5396) for the Appellant(s) No. 1,2,3,4,5
for the Defendant(s) No. 1,2
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
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CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE R.P.DHOLARIA
Date : 28/01/2021
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE R.P.DHOLARIA)
C/FA/637/2020 JUDGMENT
1. The present appeal is preferred by the
appellants - original claimants seeking
enhancement of compensation awarded by learned
Motor Accident Claims Tribunal (Auxi), Rajpipla,
District Narmada by impugned judgment and award
dated 29.9.2018 in Motor Accident Claims Petition
No.77 of 2014.
2. By way of preferring the present appeal,
the appellants have, inter alia, contended that
learned Tribunal has awarded very meager amount
of compensation. It is contended that
compensation awarded by learned Tribunal on
various other heads is also on lower side which
is required to be enhanced in view of the grounds
mentioned in the appeal memo.
3. The short facts giving rise to the
present appeal are that on 19.1.2014, deceased
Sureshbhai Natwarbhai Baria was going towards
Dabhoi from Vadodara by riding motorcycle No.GJ
22 E 7806, at that time while he was crossing
village Fartikui, a truck was coming from
opposite direction and other truck bearing
registration No.GJ 17 X 4166 was also coming
after that truck and opponent No.1 was trying to
overtake the first truck in rash and negligent
manner and also in full speed without caring
danger to human being and dashed with motorcycle
C/FA/637/2020 JUDGMENT
of the deceased which resulted into accident and
he fallen down from the motorcycle and sustained
with grievous head injury and died on the spot.
Therefore, the appellants filed the claim
petition before the learned Tribunal and learned
Tribunal delivered the impugned judgment and
award, as stated above.
4. Heard Mr.MTM Hakim, learned advocate for
the appellants and Mr.Rathin Raval, learned
advocate for the insurance company.
5. This Court has gone through the impugned
judgment and award as well as material made
available in the nature of paper book to this
Court.
6. At the onset, Mr.Hakim, learned advocate
for the appellants - original claimants has
stated that the appellants are restricting their
appeal to the question of enhancement of
compensation only and hence, this Court has also
concentrated upon the said issue only.
7. The record and proceedings indicates
that present appellants are the heirs and legal
representatives of deceased Sureshbhai and they
have pleaded the age of the deceased Sureshbhai
to be 32 years at the time of accident and in
order to prove the same, they have produced the
birth certificate which discloses, his date of
C/FA/637/2020 JUDGMENT
birth to be 1.6.1982 and therefore, his age has
been proved to be 32 years at the time of
accident.
8. The claimants also pleaded that deceased
Sureshbhai was working as Masion and used to earn
Rs.400/ per day. However, no concrete documentary
evidence is produced to prove the income and
therefore, learned Tribunal presumed his income
to be Rs.4760/ (inclusive of future prospective
income).
9. Mr.Hakim, learned advocate pointed out
that taking the year of accident 2014, minimum
wages for unskilled labourer was prevailing at
Rs.5580/, due to which, presumptive income fixed
by learned Tribunal is very lower in side. There
appears no dispute as regards to his occupation
as masion and in view of his submission, the
award is required to be enhanced keeping the
aforesaid fact in mind.
10. Mr.Rathin Raval, learned advocate has
also verified the prevailing minimum wage of
unskilled labourer which was prevalent in the
year 2014 to be Rs.5580/. This Court is also of
the considered opinion to adopt the same as
presumptive income of deceased Sureshbhai. As
deceased Sureshbhai was aged about 32 years, 40%
rise is required to be added as prospective
income. If we may add that, the income would
C/FA/637/2020 JUDGMENT
come to Rs.7812/ (Rs.5580/ + Rs.2232/).
11. Since there are five dependents of
deceased Sureshbhai and therefore, 1/4th amount
of income is required to be deducted towards the
amount which could have been spent by deceased
Sureshbhai for maintaining himself which comes to
Rs.1953/. Hence, dependency amount would come to
Rs.5859/ per month and annual amount would come
to Rs.70308/. In the facts of the present case,
appropriate multiplier would be 16 and hence, the
amount would come to Rs.11,24,928.
12. The claimants are also entitled to
receive nonpecuniary benefits in the nature of
conventional heads, i.e. loss to estate, funeral
expenses etc which is quantified at Rs.70,000/.
Therefore, in all, the amount of compensation
would come to Rs.11,94,928/.
13. In view of the aforesaid discussion, the
appeal stands allowed in part. The impugned
judgment and award dated 29.9.2018 passed by
learned Motor Accident Claims Tribunal (Auxi),
Rajpipla, District Narmada in Motor Accident
Claims Petition No.77 of 2014 awarding
compensation of Rs.7,50,440/ is enhanced to
Rs.11,94,928/ along with interest and costs at
9% per annum from the date of application till
realisation. However, enhanced amount of
compensation awarded by this Court would run
C/FA/637/2020 JUDGMENT
interest at the rate of 7.5% per annum. The
respondent insurance company is directed to
deposit the enhanced amount of compensation
within a period of two months from today before
the learned Tribunal. Upon the deposit of the
aforesaid amount, learned Tribunal shall disburse
the amount of compensation in terms of the award
by account payee cheque on proper identification
and verification. The record and proceedings, if
any, be sent back to the learned Tribunal
concerned forthwith. No costs.
(R.M.CHHAYA, J)
(R.P.DHOLARIA, J)
H.M. PATHAN
