Gujarat High Court
Hiralal Bansilal Soni vs Hakubhai Mamanbhai Multani on 28 July, 2022
Bench: Gita Gopi
C/FA/2483/2022 JUDGMENT DATED: 28/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2483 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI Sd/-
================================================================
1 Whether Reporters of Local Papers may be allowed to see No
the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the No
judgment ?
4 Whether this case involves a substantial question of law No
as to the interpretation of the Constitution of India or any
order made thereunder ?
================================================================
HIRALAL BANSILAL SONI & 4 other(s)
Versus
HAKUBHAI MAMANBHAI MULTANI & 5 other(s)
================================================================
Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5
for the Defendant(s) No. 1,2,4,5
MR GC MAZMUDAR(1193) for the Defendant(s) No. 6
MR HG MAZMUDAR(1194) for the Defendant(s) No. 6
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
================================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 28/07/2022
ORAL JUDGMENT
1. By way of this Appeal, the appellants - claimants have
challenged the judgment and award dated 09.05.2017
passed by the learned Motor Accident Claim Tribunal
(Auxi.), Surat, in M.A.C.P. No.665 of 2000.
C/FA/2483/2022 JUDGMENT DATED: 28/07/2022
2. The facts of the case with regard to the accident as
could be culled out from the judgment and award
could be succinctly laid down as under :-
On 29.04.2000 at about 5.30 a.m. the deceased -
Dakshaben Hiralal Soni alongwith her family members
were travelling from Ankleshwar to Rajasthan in a
Maruti Van bearing Registration No.GJ-16-C-6141 and
when they reached near Adas Highway Road, they met
with an accident as a luxury Bus bearing Registration
No.GJ-14-T-515 came suddenly from the front side and
tried to overtake vehicle. The luxury bus was driven
in a rash and negligent manner and dashed with the
Maruti Van, as a result of which Dakshaben Hiralal
Soni, who was travelling in a Maruti Van sustained
serious injuries and succumbed to death.
3. It is submitted by learned Advocate Mr. Hiren Modi for
the claimants that the claimants had filed the M.A.C.P.
because of the accidental death of Dakshaben Hiralal
Soni. It is further submitted that the deceased was in
the business of selling sarees in wholesale and was also
helping her husband who was a goldsmith. To prove
the income by sale of sarees, purchase documents and
bill documents / I and II were produced vide Mark
C/FA/2483/2022 JUDGMENT DATED: 28/07/2022
No.66/6 to 68/6. It is submitted that relevant
documents was produced to support the fact of the
business of the deceased however, the same could not
be proved in accordance with the provisions of the
Evidence Act. It is submitted that the fact is that the
deceased was a businesswoman and necessary purchase
and bill documents were on record to support the claim
that the deceased was in the business of selling sarees.
Further the deceased was a housewife and was looking
after her family members. Thus, on these two
grounds, it is submitted that the learned Tribunal ought
to have considered the income on the higher side. It
is further submitted that considering the age and the
fact that the deceased was in business, the learned
Tribunal ought to have granted rise in the prospective
income and further stated that the consortium amount
should have been granted in view of the decision of
the Hon'ble Apex Court in the case of Magma General
Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram
reported in 2018 ACJ 2782, since the dependents are
the husband and four minor children.
4. Heard learned Advocate Mr. Hiren M. Modi for the
appellants - claimants, learned Advocate Mr. Palak H.
Thakkar for the respondent No.3 - The United India
Assurance Co. Ltd. and learned Advocate Mr. H.G.
C/FA/2483/2022 JUDGMENT DATED: 28/07/2022
Mazmudar for the respondent No.6 - The New India
Assurance Co. Ltd.
5. It appears that there is no dispute with regard to the
fact of the negligence. The learned Tribunal while
deciding the issue of negligence has considered the
Driver of the Luxury Bus solely negligent for the
accident and therefore, the Driver and Owner and the
Insurance Company of the Bus - The New India
Insurance Co. Limited was made jointly and severally
liable to compensate all the appellants.
6. In context to the submissions raised by the learned
Advocate Mr. Hiren Modi, the learned Tribunal has
observed the fact about the purchase of bills of sarees
as well as the Bill Book I and II which substantiate the
fact that the deceased was in the sale of sarees. The
deceased was a businesswoman. Documents in the
Form of I and II reports were produced to incorporate
the fact of income, thus, considering the fact of the
deceased being a home maker and businesswoman, it
would be just and reasonable to consider monthly
income @ Rs.4,000/-. The age of the deceased as on
the date of the accident was 34 years, the age of the
deceased was proved by a School Leaving Certificate.
Thus, keeping in mind the decision of the Hon'ble
C/FA/2483/2022 JUDGMENT DATED: 28/07/2022
Apex Court in the case of National Insurance Company
Limited v. Pranay Sethi and Others reported in 2017 16
SCC 680, where the deceased self-employed is below
the age of 40 years, additional rise in the future
prospective income to the extent of 40% is required to
be granted. Thus, the following can be arrived at on
applying the multiplier of 16, considering the
dependency loss of ¼ being reduced :-
Details Amount (Rs.)
Income per month 4,000/-
40% prospective rise in income + 1600/-
5600/-
50,400/-
Yearly Income : Rs.5,600 x 12 67,200/-
Dependency loss (¼ deduction) - 16,800/-
50,400/-
Applying the multiplier of 16 8,06,400/-
(Rs.50,400 x 16)
7. The dependents of the deceased are the husband and 4
minor children. Considering the proposition of law as
laid down by the Hon'ble Apex Court in the case of
Magma (supra), the consortium amount is required to
be granted which comes to Rs.2,00,000/- and loss of
estate comes to Rs.15,000/- and Rs.15,000/- towards
funeral expenses. Thus, the total amount comes to
Rs.10,36,400/-.
C/FA/2483/2022 JUDGMENT DATED: 28/07/2022
8. The learned Tribunal has granted compensation of
Rs.6,34,160/-, the enhanced amount is Rs.4,02,240/-.
Thus, the New India Assurance Co. Limited - the
present respondent No.3 is directed to deposit the
amount within a period of ten (10) weeks from the
date of receipt of writ of the order of this Court. It is
further directed that the claimant would be entitled to
receive the enhanced compensation @ 7.5% per annum
from the date of the application while the amount so
granted by the Tribunal would be in accordance with
the rate of interest granted by the Tribunal, i.e. 9% per
annum.
9. In view of the above, the judgment and award dated
09.05.2017 passed by the learned Motor Accident Claim
Tribunal (Auxi.), Surat, in M.A.C.P. No.665 of 2000
stands modified. The Appeal is allowed accordingly.
Sd/-
(GITA GOPI,J)
CAROLINE
