Gujarat High Court
Rehanabano Raees Ahemad vs Anu Sanjaysinh on 2 August, 2023
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/1485/2023 ORDER DATED: 02/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1485 of 2023
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REHANABANO RAEES AHEMAD
Versus
ANU SANJAYSINH
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4,5,6,7
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 02/08/2023
ORAL ORDER
1. The heirs of deceased - Raees Ahemad
Mehmood Ali filed the present appeal, challenging
the judgment and award dated 06.05.2022 passed by
the MACT (Aux.) Ankleshwar in MACP No.1677 of
2013 [Old MACP No.437 of 2013], on the grounds
raised that income has not been considered in
accordance to the evidence of deceased being
engaged in the occupation of driving heavy
vehicle, and further the consortium amount has
not been granted to the claimants.
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2. The facts of the case, as could be
ascertained from the judgment are to the effect
that on 13.04.2013, at about 9:30 night, deceased
was driving bus bearing Registration No.GJ-14-V-
5130, heading towards Ahmedabad from Mumbai, when
reached near village - Kosamba on National
Highway No.8, the driver of the truck trailer
bearing Registration No.GJ-06-VV-5312, was on
otherside of Ahmedabad Mumbai Road, drew the
vehicle in rash and negligent manner, in full
speed, lost control over steering, dashed with
the divider between the road and thereafter
jumped the divider and dashed with the bus, and
on account of the accident, 12 persons died
including the bus driver, driver of truck trailer
and deceased Raees Ahemad Mehmood Ali.
3. The deceased was aged about 47 years at
the time of accident and as per the claimants,
the deceased was drawing salary of Rs.15,000/-
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C/FA/1485/2023 ORDER DATED: 02/08/2023
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per month, and Rs.2,000/- as monthly allowance.
The learned Tribunal while considering the
negligence aspect has held the driver of the
truck trailer responsible for the accident.
4. Advocate Mr. Nishit A. Bhalodi stated
that the accident is self-evidentiary proved of
the deceased being driver of the heavy vehicle,
and the fact that he was supporting the family of
seven persons, the learned Tribunal ought to have
assessed the income accordingly. Mr. Bhalodi
stated that Rs.4,000/- income assessed by the
Tribunal is not in accordance to the evidence and
is also not just and reasonable; further stated
that consortium loss was required to be granted
as per Magma General Insurance Company Ltd. Vs.
Nanu Ram Alias Chuhru Ram & Ors., reported in
(2018) SCC 130 [2018 ACJ 2782].
5. Advocate Mr. Rathin P. Raval submitted
that though the deceased was driver of a bus, but
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C/FA/1485/2023 ORDER DATED: 02/08/2023
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no evidence was produced to show the monthly
salary drawn by the deceased, nor any cogent
evidence was on record to prove the monthly
allowance, thus, submitted that the amount so
assessed by the Tribunal is in accordance to the
evidence on record.
6. The accident took place on 13.04.2013.
The deceased was the driver on the bus, which was
plied on Mumbai-Ahmedabad National Highway. The
very fact that he was on a long distance drive on
the bus, would show that he would have been
efficient in his work, and further being driver
on a heavy vehicle, the income assessed by the
Tribunal is on the lower side. This Court
considers that it would be just and proper to
consider the income of the bus driver as
Rs.8,000/- per month.
6.1 The learned Tribunal has granted 25%
prospective rise in income, which is in
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C/FA/1485/2023 ORDER DATED: 02/08/2023
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accordance to the judgment of National Insurance
Company Ltd. v. Pranay Sethi and Ors., AIR 2017
SC 5157. Keeping in mind the number of
dependents, 1/5th is to be deducted as personal
expense; thus, the yearly Future loss would come
as under:
Actual Income 8,000/-
Prospective 10,000/- [8,000 + 2,000 (25%
Income rise]
1/5th 10,000 / 5 = 2000/-
Deduction
Yearly Future 96,000/- [10,000 - 2,000 = 8,000 x
loss 12]
6.2 The multiplier applied would be 13;
hence, the Future loss would come to
Rs.12,48,000/- (96,000 x 13).
6.3 The deceased died leaving behind him a
widow and six children, thus, following the
judgment of Magma General Insurance Company Ltd.
(supra), under the head of consortium amount,
each would be entitled to get Rs.40,000/-. Thus,
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C/FA/1485/2023 ORDER DATED: 02/08/2023
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under the head of consortium, they would be
entitled for Rs.2,80,000/- [40,000 x 7].
6.4 The Tribunal has granted Rs.15,000/-
under the head of loss of estate and Rs.15,000/-
under the head of funeral expenses, which are
just and proper as per National Insurance Company
Ltd. v. Pranay Sethi and Ors.
7. Thus, in total, the computation would be
as under:
Sr. No. Particulars Amount
1 Loss of Dependency Rs.12,48,000/-
2 Loss of Consortium Rs. 2,80,000/-
3 Funeral Expense Rs. 15,000/-
4 Loss of Estate Rs. 15,000/-
Total Rs.15,58,000/-
8. The Tribunal has awarded Rs.6,94,000/-.
Thus, the enhanced amount of Rs.8,64,000/-
[15,58,000 - 6,94,00] at the rate of 7.5% would
be paid to the claimants. The same shall be paid
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C/FA/1485/2023 ORDER DATED: 02/08/2023
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within 8 weeks from the date of receipt of writ
of this order.
9. The driving license of the truck -
trailer was found to be fake, and considering the
breach of policy condition, the insurance company
was directed to pay the compensation amount and
then to recover the same from the owner of the
truck - trailer bearing Registration No.GJ-06-VV-
5312.
10. In view of the above, the appeal is
allowed in the above terms. The Tribunal
concerned is directed to modify the award
accordingly. Record and Proceedings be sent back
to the concerned Court forthwith.
(GITA GOPI,J)
Pankaj
