Gujarat High Court
Ushaben Dilipbhai Patel- vs Atulbhai Thakorlal Purohit on 15 December, 2022
Bench: Ashokkumar C. Joshi
C/FA/629/2017 JUDGMENT DATED: 15/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 629 of 2017
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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USHABEN DILIPBHAI PATEL- & 3 other(s)
Versus
ATULBHAI THAKORLAL PUROHIT & 7 other(s)
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Appearance:
MR VAIBHAV N SHETH(5337) for the Appellant(s) No. 1,2,3,4
KRISHNAN M GHAVARIYA(8133) for the Defendant(s) No. 1
MR MURALI N DEVNANI(1863) for the Defendant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 2
MR TANMAY B KARIA(6833) for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 4,6,7,8
RULE UNSERVED for the Defendant(s) No. 3
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 15/12/2022
ORAL JUDGMENT
1. This First Appeal is filed by the appellant - original claimants
under Section 173(1) of the Motor Vehicles Act, 1988, against the
judgment and award dated 28.10.2016 passed in Motor Accident
C/FA/629/2017 JUDGMENT DATED: 15/12/2022
Claim Petition No. 519 of 2012 by the Motor Accident Claims
Tribunal (Auxi.)and 4th Additional District Judge, Kheda at Nadiad,
which was preferred under Section 166 of the MV Act, whereby,
against a claim valued at Rs.8 lakh for the injuries sustained in an
accident that had occurred on 02.03.2012 the Tribunal has awarded
a sum of Rs.4,04,288/- with interest at the rate of 9% per annum
from the date of claim petition till realization, holding liable the
opponents therein to pay the compensation to the appellant -
original claimant. Hence, grieved claimant has filed this appeal on
the point of quantum.
2. The brief facts of the case are that on 2.3.2012, deceased -
Dilipbhai Ranchhodbhai Patel and others were traveling in the
Tempo Trax Cruiser. It is the case of the claimants that the Tempo
was being driven at moderate speed and correct side of the road,
but when they reached the place of the accident, from the opposite
direction, driver of Truck bearing registration No. GJ.15.Z.1039 came
in excessive speed in rash and negligent manner and dashed with
the Tempo Trax Cruiser and because of that one Alto Car, which was
coming from behind dashed with the Tempo Trax Cruiser, and as a
result the accident occurred and deceased sustained serious injuries
on the various parts of the body and succumbed to the injuries.
3. Though served, the respondent Nos. 4, 6, 7 and 8 has put in
no appearance and accordingly, the Court proceeded with the final
C/FA/629/2017 JUDGMENT DATED: 15/12/2022
hearing of the matter. Rule is unserved to the respondent No.3.
Heard, learned advocate Mr. Vaibhav N. Sheth for the appellants
and learned advocate Mr. Tanmay B. Karia for the respondent No. 5
- insurance company.
4. The learned advocate Mr. Vaibhav Sheth for the appellants-
claimants submits that the learned tribunal has erred in misreading
and misconstruing actual loss of income, loss of estate and loss of
consortium. He further argued that the learned tribunal has erred in
arriving at 1/3 towards personal expenditure of the deceased
looking to the number of claimants. He also prayed to enhance the
awarded amount of the Tribunal.
5. As against this, the learned advocate for the respondent No. 5
- insurance company, while heavily opposing this appeal and
supporting the impugned judgment and award, submitted that the
impugned judgment and award being just and proper, no
interference is required at the hands of this Court.
6. Regard being had to the submissions made and considering
the averments made in the appeal as well as a perusal of the record
reveal that the appellant - claimant was doing agricultural activity
and animal husbandary, at the relevant point of time and thereby,
was earning Rs.5,000/- per month. Furthermore, there are four
dependents of the deceased, therefore, personal expenditure
C/FA/629/2017 JUDGMENT DATED: 15/12/2022
deduction would be 1/4. Moreover, the amounts awarded under
different heads are also required to be enhanced suitably as being
trivial some. Therefore, this appeal, is required to be allowed to
that extent and the impugned judgment and award is required to
be modified accordingly.
7. In the aforesaid backdrop, this appeal succeeds and is allowed
accordingly. The impugned judgment and award is modified to the
aforesaid extent and it is held that the appellant - claimant shall be
entitled for the following towards compensation:
Head Award of Tribunal Modified Amt. (Rs.)
(Rs.)
Future loss of income - -
Actual Income 4025/- 5000/-(Minimum
Wages)
Prospective Income - 10%
Deduction of amount 1/3 1/4
spent by the deceased
on himself
Future loss 2684x12 =32,208/- 4125x12= 49,500/-
Future loss of 3,54,288/- 5,44,500/-
income
Loss of consortium 20,000/- 1,60,000/-
Loss to estate & funeral 20,000/- 30,000/-
Total 4,04,288/- 7,34,500 - 4,04,288
(Amount awarded by
learned Tribunal)
Enhanced amount 3,30,212/-
Interest Rate 6%
C/FA/629/2017 JUDGMENT DATED: 15/12/2022
7.1 The difference amount shall be deposited within a period of 08
(eight) weeks.
7.2 This court is agreed with the arguments of learned advocate
Mr. Karia for the Respondent No.5. The appellant - claimant shall be
entitled to interest at the rate of 6% per annum on such enhanced
amount of compensation, from the date of petition till realization.
7.3 The rest of the impugned judgment and award is not
disturbed.
7.4 R&P, if received, be sent back forthwith.
(A. C. JOSHI,J)
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