Dorubhai Dharmabhai Vasava vs Nagraj Annabhai Chaudhary
2022 Latest Caselaw 10107 Guj

       C/FA/4082/2018                               ORDER DATED: 14/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 4082 of 2018

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                        DORUBHAI DHARMABHAI VASAVA
                                   Versus
                        NAGRAJ ANNABHAI CHAUDHARY
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
MR.HIREN M MODI(3732) for the Defendant(s) No. 2
RULE NOT RECD BACK for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 1,5,6
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     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                Date : 14/12/2022

                                 ORAL ORDER

1. Heard learned advocates for the respective parties.

Perused the record.

2. This is an appeal filed challenging the judgment and

award dated 30.7.2018 passed by the learned Motor

Accident Claims Tribunal at Rajpipla in MACP No.106 of

2015.

3. The facts in brief would indicate that on 19.1.2015,

C/FA/4082/2018 ORDER DATED: 14/12/2022

Hiteshbhai Dorubhai Vasava, the deceased was travelling in

a truck bearing registration No.GJ-07U-5879 as a Cleaner of

the truck going from Mandvi to Kim. As a result of an

accident with a container No.GJ-05-YY-8034, Hiteshbhai

Dorubhai Vasava sustained severe injuries and died. A claim

petition was filed claiming compensation of Rs.15,00,000/-.

The Tribunal in light of the pleadings especially when it was

the case of the appellant that he can earn Rs.4,000/- per

month doing work of Cleaner and earn Rs.200/- per month

doing the work of labour. Though it was his case that that he

would earn Rs.10,000/- to Rs.11,000/- a month, assessed the

income as Rs.3,200/- awarded an amount of compensation

of Rs.4,15,600/- under the different heads as stated in

paragraph No.15 of the order which reads as under:

Rs.3,45,600/- for loss of dependency.

         Rs.30,000/-      for loss of estate.

         Rs.20,000/-      for loss of consortium.

         Rs.20,000/-      for funeral charges.





      C/FA/4082/2018                              ORDER DATED: 14/12/2022




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          Rs.4,15,000/-            TOTAL

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4. Having heard learned advocates for the respective

parties, it is the case of the appellant that he would earn

Rs.4,000/- per month as Cleaner taking the same as an

assessed income and in light of the decision of the Hon'ble

Supreme Court in the case of National Insurance

Company Limited v. Pranay Sethi and others reported

in 2017(16) SCC, 680, the amount under different heads

would be as under:

Rs.6,04,800/- for loss of dependency (Rs.2,800 x 12 x 18)

Rs.80,000/- for loss of consortium.

Rs.15,000/- for loss of estate.

Rs.15,000/- for funeral charges.

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Rs.7,14,800/- TOTAL

C/FA/4082/2018 ORDER DATED: 14/12/2022

- Rs.4,15,600/- Awarded Amount

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Rs.2,99,200/- Enhanced amount.

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5. It is made clear that on the original amount of

Rs.4,15,600/-, the appellant shall earn interest @ 9% p.a. as

awarded by the Tribunal and on enhanced amount of

Rs.2,99,200/- the interest @ 6% p.a. from the date of the claim

petition till the deposit of the amount. Amount is ordered to be

deposited within a period of eight weeks from the date of receipt

of the order in the concerned Tribunal. On depositing such

amount, the Tribunal shall disburse the amount to the appellant

through RTGS on proper verification.

6. The appeal is partly allowed in above terms. No order as to

costs. Record & Proceedings, if any called for, be sent back to

the concerned Tribunal.

(BIREN VAISHNAV, J) VATSAL