Gujarat High Court
Champaben Vinubhai Tadvi vs Ganpatsinh Mohansinh Paramar on 7 October, 2022
Bench: Hemant M. Prachchhak
C/FA/5260/2007 JUDGMENT DATED: 07/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5260 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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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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CHAMPABEN VINUBHAI TADVI & 4 other(s)
Versus
GANPATSINH MOHANSINH PARAMAR & 1 other(s)
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 2
RULE NOT RECD BACK for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 07/10/2022
ORAL JUDGMENT
1. Present First Appeal is filed by the original claimants for
C/FA/5260/2007 JUDGMENT DATED: 07/10/2022
enhancement of the amount of compensation awarded by
the learned Motor Accident Claims Tribunal, Vadodara vide
order dated 2.3.2007 in M.A.C.P. No.1423 of 2003, whereby
the learned Tribunal has partly allowed the claim petition by
awarding Rs.3,85,000/- towards compensation.
2. The short facts giving rise to the present first appeal are
as under:-
2.1 The husband of appellant no.1, father of appellants no.2
and 3 namely Vinubhai Chakubhai Tadvi, on 11/05/2003
was proceeded near Sangam Society, Chhani on Ahmedabad
- Baroda N.H.No.8 on his bicycle. At that time, the
respondent no.1 driver came with his Tempo Trax Jeep
bearing registration No. GJ-7R-6364 came from wrong side,
in full speed and negligent manner, without following traffic
rules and dashed with the bicycle of the deceased. Due to
this accident, the deceased sustain fatal injuries and
subsequently, he was died during the treatment. Therefore,
the appellants have prayed the compensation for unnatural
death and untimely death against the present respondents
C/FA/5260/2007 JUDGMENT DATED: 07/10/2022
by way of filing a petition before the Motor Accident Claim
Tribunal, Vadodara and prayed Rs. 7,00,000/-.
2.2 After looking the documentary evidence as well as oral
evidence placed by both the sides and after full-fledged trial,
the learned Motor Accident Claim Tribunal partly allowed
the claim petition of the claimants and awarded Rs.
3,85,000/- with 7.5% interest vide judgment and award
dated 02/03/2007.
2.3 Being Aggrieved and dissatisfied by the judgment and
Award passed by the learned Motor Accident Claim Tribunal
Vadodara, the present appellants file the present appeal for
enhancement of the compensation amount.
4. I have heard Mr. Hiren Modi, learned Counsel appearing
for the appellants and Mr.Vibhuti Nanavati, learned Counsel
for the respondent No.2- insurance company. With consent
of the learned Counsels appearing for the respective parties,
present appeal is taken up for final hearing today.
5. Learned advocate for the appellants has submitted that
C/FA/5260/2007 JUDGMENT DATED: 07/10/2022
the learned Tribunal has not properly considered the
income of the deceased, as he was working as a Chowkidar
and earning Rs.3200/- per month and therefore, learned
Tribunal has committed an error. He further submitted that
the learned Tribunal has not awarded just and adequate
compensation in view of recent decision of the Hon'ble Apex
Court in case of Sarla Verma and others Vs. Delhi Transport
Corporation and another, (2009) 6 SCC 121 and National
Insurance Company Limited Vs. Pranay Sethi and others,
(2017) 16 SCC 680. He further submitted that in view of the
aforesaid facts and the decisions, the compensation amount
may be enhanced and the appeal may be allowed.
6. On the other hand learned advocate for the respondent
has submitted that after taking into account all the evidence
and material placed on record, learned Tribunal has passed
impugned judgment and award and therefore, no
interference is required and present appeal may be
dismissed.
7. I have also gone through the record and proceedings of
C/FA/5260/2007 JUDGMENT DATED: 07/10/2022
the present appeal and I have also perused the original
record.
8. Considering the recent decision of the Hon'ble Apex Court
in case of Sarla Verma and others Vs. Delhi Transport
Corporation and another, (2009) 6 SCC 121 and National
Insurance Company Limited Vs. Pranay Sethi and others,
(2017) 16 SCC 680 it is appropriate to grant the just and
adequate compensation to the present appellants. In that
view of the matter the present appellants are entitled to the
additional compensation.
9. In addition to that the appellants are also entitled to get
consortium as per the settled legal position laid down by the
Hon'ble Apex Court in cases of Magma General Insurance
Company Limited Vs. Nanu Ram alias Chuhru Ram and
others, (2018) 18 SCC 130, United India Insurance
Company Limited Vs. Satinder Kaur alias Satwinder Kaur
and others, AIR 2020 SC 3076 and New India Assurance
Co. Ltd. Vs. Smt. Somwati and others, (2020) 9 SCC 644.
10. Hence, in view of the above facts, I am of the opinion
C/FA/5260/2007 JUDGMENT DATED: 07/10/2022
that the appellants are entitled for the additional
compensation, as under:-
Rs. 2,500/- (Income)
+ Rs. 1,000/-
------------------
= Rs. 3,500/-
- Rs. 875/- (1/4th Deduction)
------------------
Rs. 2,625/-
x 12 (Month)
------------------
= Rs. 31,500/-
x 17 (Multiplier)
-------------------
Rs. 5,35,000/-
+ Rs. 40,000/- (spouse)
+ Rs. 80,000/- (Parental
+ Rs. 80,000/- (Filial)
+ Rs. 30,000/- (Loss of Estate and Funeral
Exp.)
-------------------
= Rs. 7,65,500/-
- Rs. 3,85,000/- Awarded by the learned
Tribunal.
-------------------
= Rs. 3,80,500/- Enhanced Compensation
for claimants.
11. Therefore, the appellants are entitled for the enhanced
compensation of Rs.3,80,500/- with 6% interest, in addition
to the amount awarded by the learned Tribunal, from the
date of application till the realization of the award.
C/FA/5260/2007 JUDGMENT DATED: 07/10/2022
12. The insurance company - respondent No.2 is hereby
directed to deposit Rs.3,80,500/- before the Tribunal with
6% simple interest from the date of application till the
realization of the award within 8 weeks from the date of
receipt of certified copy of present order.
13. After the aforesaid amount of enhanced compensation of
Rs.3,80,500/- with 6% interest is deposited by the
insurance company, the Tribunal shall disburse the amount
of compensation, after deduction of Court fees in favour of
the claimants after verifying bank details of the claimants
through R.T.G.S. only.
14. The impugned judgment and award dated 2.3.2007
passed by the learned Motor Accident Claims Tribunal,
Vadodara in M.A.C.P. No.1423 of 2003 is hereby modified to
the aforesaid extent.
15. The First Appeal is hereby partly allowed to the
aforesaid extent.
C/FA/5260/2007 JUDGMENT DATED: 07/10/2022
16. Accordingly the First Appeal stands disposed of.
17. The record and proceedings be sent back immediately
to the concerned Tribunal.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
