Gujarat High Court
Heirs And Legal Representatives ... vs Divisional Controller on 21 December, 2022
Bench: Ashokkumar C. Joshi
C/FA/3166/2017 JUDGMENT DATED: 21/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3166 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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HEIRS AND LEGAL REPRESENTATIVES OF DECEASED SUNILBHAI
BUDHABHAI RATHOD
Versus
DIVISIONAL CONTROLLER & 2 other(s)
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Appearance:
MR HK THAKOR(6182) for the Appellant(s) No. 1,1.1,1.2,1.3
MR TANMAY B KARIA(6833) for the Defendant(s) No. 3
MRS VASAVDATTA BHATT(193) for the Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 21/12/2022
ORAL JUDGMENT
1. This First Appeal is filed by the appellants - original claimants
under Section 173(1) of the Motor Vehicles Act, 1988, against the
judgment and award dated 21.01.2017 passed in Motor Accident
C/FA/3166/2017 JUDGMENT DATED: 21/12/2022
Claim Petition No. 998 of 2013 by the Motor Accident Claims
Tribunal (Auxi.), Kheda at Nadiad, which was preferred under
Section 166 of the MV Act, whereby, against a claim valued at Rs.15
lakh for the deceased, who succumbed to the injuries in an accident
that had occurred on 16.08.2013 the Tribunal has awarded a sum of
Rs.2,55,000/- 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 16.8.2013 at about 9.00
A.M, the deceased Sunilbhai Budhabhai Rathod was traveling by
Rickshaw bearing registration No. GJ-7-VW- 9938 and coming to the
Nadiad and when he was passing through the place of incident, in
the sim of Andhaj Village, at that time, driver of the S.T. Bus came
driven by his offending S.T. Bus bearing registration No. GJ-18-Y-
7520 in excessive speed, in rash and negligent manner and dashed
with the rickshaw. In this accident, the deceased received serious
injuries and succumbed to the injuries.
3. Though served, the respondent Nos. 2 and 3 has put in no
appearance and accordingly, the Court proceeded with the final
hearing of the matter. Heard, learned advocate Mr. H.K. Thakor for
the appellants and learned advocate Mrs. Vasavdatta Bhatt for the
C/FA/3166/2017 JUDGMENT DATED: 21/12/2022
respondent No. 1 and learned advocate Mr. Tanmay B. Karia for the
respondent No. 3 - insurance company.
4. The learned advocate Mr. H.K. Thakor for the appellants-
claimants submits that the learned tribunal has erred in misreading
and misconstruing the per month income of the deceased. He
further argued that the learned tribunal has erred in calculating
future loss of income as well as amount of consortium. 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 learned tribunal has erred in calculating future loss
of income as well as amount of consortium. Further, the tribunal has
erred in calculating per month income of Rs.1250/- and this Court
considered the amount of per month income of the deceased
Rs.5000/- Moreover, the amounts awarded under different heads are
also required to be enhanced suitably as being trivial sum.
Therefore, this appeal, is required to be allowed to that extent and
C/FA/3166/2017 JUDGMENT DATED: 21/12/2022
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 appellants - claimants shall
be entitled for the following towards compensation:
Head Award of Tribunal Modified Amt.
(Rs.) (Rs.)
Actual Income 1250/- 5000/-
Future loss of 2,40,000 5000 x40% = 2000
income 7000 - 1/3= 4667/-
4667x 12x 18
= 10,08,072/-
Deduction of 1/3 1/3
amount spent by
the deceased on
himself
Loss of consortium -- 80,000/-
Loss to estate & 10,000/- + 5,000/- 30,000/-
funeral
Total 2,55,000/- 11,18, 072/-
2,55,000/-
(Amount awarded
by learned
Tribunal)
Enhanced 8,63,072/-
amount
Interest Rate 6%
7.1 The difference amount shall be deposited within a period of 08
(eight) weeks.
C/FA/3166/2017 JUDGMENT DATED: 21/12/2022
7.2 This court is agreed with the arguments of learned advocate
Mr. Karia for the Respondent No.3. 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)
prk
