Gujarat High Court
Vimlaben Wd/O.Rameshbhai ... vs Deleted on 17 January, 2022
Bench: Hemant M. Prachchhak
C/FA/5396/2008 JUDGMENT DATED: 17/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5396 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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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 copyNo
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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VIMLABEN WD/O.RAMESHBHAI AMBALAL PATEL & 4 other(s)
Versus
DELETED & 2 other(s)
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Appearance:
MR. RADHESH Y VYAS(7060) for the Appellant(s) No. 1,2,3,4
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
NOTICE ISSUED BY PUBLICATION(77) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 17/01/2022
ORAL JUDGMENT
1. The present appeal is filed by the original claimants for
enhancement of the compensation awarded by the Tribunal,
challenging the impugned judgment and award passed by the
Motor Accident Claims Tribunal (Main), Kheda at Nadiad dated
C/FA/5396/2008 JUDGMENT DATED: 17/01/2022
02.09.1988 in MACP No. 219 of 1983, whereby the Tribunal has
partly allowed the claim petition by awarding Rs. 80,200/-
towards the compensation at the rate of 6% from the date of
application till the date of realization.
2. The brief facts of the present case are as under.
2.1. On 17.03.1983 at about 8:00 a.m. (deceased)
Rameshbhai Ambalal Patel had left Kankuva for going towards
Umreth. He was driving on a motorcycle bearing registration
No. GUM-1925. At about 9:00 a.m., when the deceased was
passing from Mahi Canal in the sim of village Himidpura, at
that time, a truck bearing registration No. HRU-1208 driven at
an excessive speed by its driver came from the opposite side,
dashed with the motorcycle, (deceased) Rameshbhai Ambalal
Patel fell down, as a result of which he sustained injury and
succumbed to death.
3. Learned advocate for the appellants has submitted that
the Tribunal has erred in law and in not properly considering
the case of the original claimants. It is submitted that the
Tribunal has erred in appreciating the evidence on record and
committed error in assessing the income of the deceased. It is
submitted that the present appeal may be allowed.
4. I have heard learned advocates Mr. Radhesh Vyas,
appearing for the original claimants and Mr. Palak Thakkar,
learned advocate appearing for respondent No.3 - Insurance
Company through Video Conference. Though respondent No.2
was served through publication, but none appears on his
behalf.
C/FA/5396/2008 JUDGMENT DATED: 17/01/2022
5. I have perused the record and proceedings and I have
also gone through the submission and the averments made in
the memo of the appeal, and considering the recent judgments
of the Hon'ble Apex Court in the cases of (i) Sarla Verma and
others Vs. Delhi Transport Corporation and another, (2009) 6
SCC 1211 (ii) National Insurance Company Limited Vs. Pranay
Sethi and others, (2017) 16 SCC 680 and (iii) United India
Insurance Company Ltd. Vs. Satinder Kaur @ Satwinder Kaur and
others reported in AIR, 2020 SC 620, this Court finds that the
present appeal requires to be allowed and the amount of
compensation is to be substituted by awarding additional
compensation of Rs. 2,60,904/-. The compensation amount is
required to be redetermined as under.
Income Rs. 750/- per month + 750/- + 300/- = 1050/-
40% prospective income
There are 4 dependents 1050/4 = 787x12
= 9444 x 16 (multiplier)
= 1,51,104/-
Future dependency loss + 40,000/-
Parental consortium + 1,20,000/-
(40,000 x3)
Funeral expenses + 15,000/-
Loss of estate + 15,000/-
3,41,104/-
Awarded amount - 80,200/-
Additional amount 2,60,904/- with 6% interest
6. In view of the above, I proceed to pass the following
order :
6.1 The present appeal is allowed.
C/FA/5396/2008 JUDGMENT DATED: 17/01/2022
6.2 The impugned award passed by the Motor Accident
Claims Tribunal (Main), Kheda at Nadiad dated 02.09.1988 in
MACP No. 219 of 1983 is hereby modified and in addition to
what has been awarded by the Tribunal, a sum of Rs. 2,60,904/
as additional amount with interest at the rate of 6%. per
annum is awarded, which shall be from the date of petition till
date of payment or deposit whichever is earlier.
6.3 The Insurance Company is directed to deposit enhanced
amount of compensation with interest at the rate of 6% as
early as possible within an outer limit of eight weeks from the
date of receipt of certified copy of this order.
6.4 It is further clarified that the amount is to be paid through
the account payee cheque after due verification of the original
claimants by the Tribunal and no amount is kept in FDR.
Record and Proceedings be sent back to the concerned
Tribunal forthwith.
(HEMANT M. PRACHCHHAK,J)
SALIM/
