Gujarat High Court
Gayatriben Sanjaykumar Khatri vs Ramsing Shivcharan Pal on 19 April, 2022
Bench: Ashokkumar C. Joshi
C/FA/2887/2012 JUDGMENT DATED: 19/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2887 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
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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 ? No
3 Whether their Lordships wish to see the fair copy No
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 ?
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GAYATRIBEN SANJAYKUMAR KHATRI & 3 other(s)
Versus
RAMSING SHIVCHARAN PAL & 1 other(s)
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Appearance:
MR P P MAJMUDAR(5284) for the Appellant(s) No. 1,2,3,4
MR SP MAJMUDAR(3456) for the Appellant(s) No. 1,2,3,4
MR R G DWIVEDI(6601) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 19/04/2022
ORAL JUDGMENT
1. This is an appeal under Section 173 of the Motor Vehicles Act,
1988 arising out of the judgment and award dated 16.3.2007
rendered by the learned Motor Accident Claims Tribunal (Aux.),
F.T.C. No.3, Vadodara, in Motor Accident Claim Petition No.833 of
C/FA/2887/2012 JUDGMENT DATED: 19/04/2022
2001 (claim petition), whereby, the Tribunal was pleased to award
compensation of Rs.3,46,500/- together with simple interest at the
rate of 9% per annum from the date of claim petition till realization
against the total compensation of Rs.5,00,000/- with interest and
cost as claimed by the appellants- original claimants towards the
death of the deceased. Accordingly, the appellants have preferred
this appeal for enhancement of compensation.
2. Brief facts of the case are that on 24.4.2001 at about 6.00 p.m
at evening, deceased Sanjaykumar was returning from Chanod to
Vadodara with his friends by riding Auto-Rickshaw and when he was
proceeding at Gayatri Society, near Railway Crossing on Dabhoi -
Vadodara Road, at that time, opponent no. 1 i.e. Driver of Truck No.
GJ-6-V-7181 came in rash and negligent manner with full speed from
wrong side and dashed with deceased's Auto-Rickshaw. That, due to
alleged accident, deceased sustained serious and grievous injuries
on various parts of the body and deceased died during medical
treatment.
3. Heard learned advocate Mr. S.P. Majmudar for the appellants
and learned advocate Mr. R.G. Dwivedi for the respondent No. 2 at
length. Though served, nobody appears for the respondent No. 1,
who is driver of the offending vehicle.
4. The learned advocate for the appellants submitted that the
Tribunal has materially erred in awarding the compensation towards
the death of the deceased inasmuch as, against the claim of Rs. 5
C/FA/2887/2012 JUDGMENT DATED: 19/04/2022
lakh, the Tribunal has awarded a meager amount of Rs.3,46,500/-.
He submitted that the Tribunal has erred by not taking into
consideration the correct prospective income of the deceased at the
time of warding compensation to the appellants. He further
submitted that the Tribunal has erred by not awarding any
compensation under the head 'permanent pain, shock and suffering.
He also submitted that the Tribunal has erred in arriving at a
conclusion that the income of the deceased was Rs.2000/- per
month. He submitted that the Tribunal has erred in calculating the
compensation by taking 15 as multiplier instead of 17 as multiplier
as per the guidelines of the Second Schedule for the age group
between 30- 35 years of age. He submitted that the Tribunal has
erred by wrongly deducting the sum of Rs.38,500/- from the amount
of compensation by holding the deceased to be 10% liable for the
accident.
5. Regard being had to the submissions made an considering the
impugned judgment and award so also the material available on
record vis-a-vis the decisions relied upon by the learned advocate
for the respective parties, it appears that for the death of the
deceased, the Tribunal has awarded compensation of Rs.3,46,500/-
under the different heads. The learned advocate for the appellants
has submitted that the Tribunal has awarded a meager amount
towards different heads. Further, it is submitted that the Tribunal
has wrongly applied the multiplier of 15 instead of 16, considering
C/FA/2887/2012 JUDGMENT DATED: 19/04/2022
the age of the deceased. In this regard, if the compensation
awarded by the Tribunal is referred to, it can be summarized as
under:
Head Amt. (Rs.)
Loss of Dependency Benefit 3,60,000/-
Loss of Conventional Expense 20,000/-
Funeral Expenses 5,000/-
Total 3,85,000/-
(- 10% negligence of deceased) 38,500/-
Awarded Amount 3,46,500/-
6. The Court has considered the decision of the Apex Court in the
case of Sarla Verma and Others Vs. Delhi Transport
Corporation and others, MANU/SC/0606/2009 and National
Insurance Co. Ltd Vs. Pranay Sethi and Others,
MANU/SC/1366/2017.
6.1 Moreover, in view of the decision of the Apex Court in Pranay
Sethi (Supra) the compensation awarded by the Tribunal under
the heads of Funeral Expenses etc. is also required to be enhanced
as laid down therein.
6.2 Thus, in view of the above, present appeal requires to be
allowed and is accordingly, allowed in part. The appellants - original
claimants are entitled to following compensation under the different
heads as narrated herein below, and to that extent, the impugned
judgment and award stands modified:
C/FA/2887/2012 JUDGMENT DATED: 19/04/2022
Head Granted by Tribunal (Rs.)
Income of the deceased p.a. (Rs.2000x12x15) = 3,60,000/-
Future -
Total (A) 3,60,000/-
Conventional Expense 20,000/-
Funeral Expense 5,000/-
Total Compensation 3,85,000/-
10% Negligence 38,500/-
Awarded by Tribunal 3,46,500/-
Head Required to be granted (Rs.)
Income of the deceased p.a. (Rs.2800 p.m x12) = 33,600/-
Future 13,440/-
Total (A) 47,040/-
Dependency Benefit 31,360/- (deducting 1/3 from (A))
Loss of Dependency 31,360x16 = 5,01,760/-
10% negligence 4,51,584/- (5,01,760/- -50,176/-)
Loss of Estate 16,500/-
Loss Consortium 88,000/-
Funeral Expense 16,500/-
Total Compensation 5,72,584/-
7. Thus, the claimants shall be entitled for compensation of Rs.
5,72,584/- Further, the claimants shall be entitled for simple interest
at the rate of 6% per annum on such enhanced amount of
compensation viz Rs.2,26,084/- (Rs.5,72,584/-Rs.3,46,500/-). The
rest of the judgment and award shall remain intact. Rule is made
absolute to the aforesaid extent. R & P , if received, be sent back
forthwith. Direct service is permitted.
(A. C. JOSHI,J)
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