Gujarat High Court
The New India Assurance Company ... vs Rajeshbhai Nathubhai Patel on 26 October, 2021
Bench: A.G.Uraizee
C/FA/2671/2021 ORDER DATED: 26/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2671 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/FIRST APPEAL NO. 2671 of 2021
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THE NEW INDIA ASSURANCE COMPANY LTD
Versus
RAJESHBHAI NATHUBHAI PATEL
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Appearance:
MS DIMPLE A THAKER(6838) for the Appellant(s) No. 1
for the Defendant(s) No. 3,4,5
MR.HIREN M MODI(3732) for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 26/10/2021
ORAL ORDER
1. Present appeal under Section 173 of the Motor
Vehicles Act, 1988 (MV Act for short) is preferred by the
appellant insurance company to assail the judgment and
award dated 10.6.2019 passed by the Motor Accident
Claims Tribunal (Auxi), Kheda at Nadiad in M.A.C.P. No.
815 of 2017.
2. The issue involved in this appeal moves in narrow
compass. The appeal is therefore, taken up for final
C/FA/2671/2021 ORDER DATED: 26/10/2021
disposal at the admission stage with consent of learned
advocate for the appellant and learned advocate for the
claimants. Since the issue involved in the appeal is
regarding deduction towards personal expenses of the
deceased, presence of the driver - owner respectively of
the offending vehicle is not necessary for the purpose of
disposal of present appeal.
3. The brief facts giving rise to present appeal are that on
4.9.2017 Bijalben R. Patel and her relatives were
returning from Dwarka in Tavera car bearing registration
No. GJ.15. BB.1939. When their car reached near place of
accident, the truck bearing Registration No. GJ.4V. 7319
came at a very high and excessive speed and dashed with
the Tavera car. As a consequence, Bijalben Rajeshbhai
Patel suffered fatal injuries and died. A claim petition
being M.A.C.P. No.815 of 2007 came to be filed in the
Motor Accidents Claims Tribunal at Nadiad by her legal
heirs to recover a sum of Rs.15,00,000/- as compensation
from the driver, owner and insurance company of the
offending truck. The tribunal has by the impugned
C/FA/2671/2021 ORDER DATED: 26/10/2021
judgment and award partly allowed the claim petition and
directed the appellant and respondent Nos.3 and 4 herein
to pay a sum of Rs.10,38,200/- with 9% interest jointly
and severally to the claimants.
4. The appellant insurance company has assailed the
impugned judgment and award on the limited issue of
deduction towards personal expenses of the deceased
Bijalben Rajeshbhai Patel.
5. I have heard Ms. Dimple Thaker, learned advocate for
the appellant and Mr. Hiren Modi, learned advocate for
the respondent Nos. 1 and 2.
6. Ms. Dimple Thaker, learned advocate for the
appellant insurance company submits that the tribunal
rd
has committed an error in deducting 1/3 towards
personal expenses of the deceased though she was 19
years of age and unmarried. According to her submission
C/FA/2671/2021 ORDER DATED: 26/10/2021
the tribunal ought to have deducted ½ towards personal
expenses of the deceased. She, therefore, urges that the
compensation available to the claimants may be re-
calculated after deducting ½ instead of 1/3rd towards
personal expenses of the deceased and the impugned
judgment and award may be modified accordingly
7. Mr. Hiren Modi, learned advocate for the claimants
has fairly conceded that the tribunal has fallen in error in
deducting 1/3rd instead of ½ towards the personal
expenses of the deceased, as she was unmarried girl. He,
therefore, submits that appropriate order may be passed.
8. It is an undisputed fact that the deceased was aged
19 years and unmarried and therefore, the Tribunal ought
to have deducted 1/2 towards personal expenses of the
deceased in view of the decision of the Supreme Court in
case of Smt. Sarla Verma and others vs. Delhi
Transport Corporation and others (Civil Appeal
No.3483 of 2008).
C/FA/2671/2021 ORDER DATED: 26/10/2021
9. The compensation awarded by the Tribunal under
various other heads except deduction towards personal
expenses appears to be just and reasonable and does not
warrant any interference. I am therefore of the view that
the compensation awarded by the Tribunal needs to be
recalculated as under:-
Award by Ld. Tribunal Calculation as per this order
Income : Income :
Rs. 5000 + 40% Rs. 5000 + 40%
prospective income = Rs.7000/- prospective income = Rs.7000/-
Personal expenses Deduction : Personal expenses Deduction :
1/3 1/2
Hence, dependency Hence, dependency
(Rs.7000-2333.33) = 4,666.67 (Rs.7000-3500) = 3500
Multiplier: 18 Multiplier: 18
Loss of Dependency Loss of Dependency
Rs.4,666.67 X 12 X 18 Rs.3500 X 12 X 18
= Rs. 10,08,017/- = Rs.7,56,000/-
Loss of Estate and loss of life Loss of Estate Loss of life
= 15,000/- = 15,000/-
Funeral Expenses Funeral Expenses
=Rs.15,000/- =Rs.15,000/-
Total =10,38,217/- Total =Rs.7,86,000/-
Rounded off to = 10,38,200/-
10. In view of above, the compensation awarded to the
original claimants needs to be reduced from
Rs.10,38,200/- to Rs.7,86,000/-. As a consequence, the
appellant insurance company is entitled to refund of
C/FA/2671/2021 ORDER DATED: 26/10/2021
Rs.2,52,200/- with interest, if any.
11. For the foregoing reasons, the judgment and award
10.6.2019 passed by the Motor Accident Claims Tribunal
(Auxi), Kheda at Nadiad in M.A.C.P. No. 815 of 2017 is
hereby modified and the claimants are entitled to Rs.
Rs.10,38,200/- instead of Rs.7,86,000/-.
12. The appellant insurance company is directed to
deposit the amount of compensation with interest and
proportionate cost in terms of this order within six weeks
from the date of receipt of copy of this order.
13. After the amount is deposited in the tribunal by the
appellant, the tribunal is directed to disburse the amount
in favour of the claimants in terms of the impugned
judgment.
With the aforesaid direction the appeal stands
disposed of.
C/FA/2671/2021 ORDER DATED: 26/10/2021
ORDER IN CIVIL APPLICATION
In view of the order passed in main First Appeal,
present Civil Application does not survive and the same
stands disposed of accordingly.
(A.G.URAIZEE, J)
SURESH SOLANKI
