Minaben Ramanbhai Vasava vs Krantibhai Devjibhai Vasava
2023 Latest Caselaw 5760 Guj

                                                                                 NEUTRAL CITATION




     C/FA/562/2023                              JUDGMENT DATED: 08/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 562 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MS. JUSTICE GITA GOPI

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1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                      MINABEN RAMANBHAI VASAVA
                                Versus
                     KRANTIBHAI DEVJIBHAI VASAVA
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2
MASUMI V NANAVATY(9321) for the Defendant(s) No. 2
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
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 MS. JUSTICE GITA GOPI

                            Date : 08/08/2023

                           ORAL JUDGMENT

[1] The claimants have challenged the judgment and

award dated 9.9.2022 passed in MACP no.49/15

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C/FA/562/2023 JUDGMENT DATED: 08/08/2023

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by the MACT (Aux), Bharuch. The ground raised

to challenge the judgment and award inter alia

is to the effect that the income of the

deceased ought to have been considered as per

the Consumer Price Index and Cost Inflation

Index of the year 2015.

[2] Advocate Mr. Bhalodi for the appellants

submits that the deceased was agricultural

labourer and if he is to be considered as

unskilled person then as per the date of the

accident of 22.1.2015, relying upon the

minimum wages schedule, his income ought to

have been assessed at Rs.6,968/-.

[3] Mr. Nanavati submitted that the learned

Tribunal has considered Rs.5,000/- as income

since no cogent documentary evidence was

produced on record to prove the fact that the

deceased was engaged in agricultural

activities and thus, submitted that the

compensation granted is just and proper.

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[4] The facts state that on 22.1.2015 at about

12.30 p.m., the deceased was standing on the

road side along with the motorcycle bearing

registration no. GJ-16 AJ-7395 and at that

time, one tractor bearing registration no. GJ-

16 BG-1043 came in an uncontrollable speed

dashed with the deceased who sustained

injuries and died in the road accident.

[5] At the time of the accident, he was 47 years

of age. The fact on the record which could be

proved by way of oral evidence was that the

deceased was agricultural labourer and was

maintaining the family and hence, regarding

the wages to be paid and as the agricultural

labourer fall under the category of unskilled

labourer, Rs.6,968/- is assessed as monthly

income. The Tribunal has granted 25% rise as

prospective rise. Thus, the monthly income

could be considered as Rs.6,968/- + 25% =

Rs.8,710/-. One-third amount is to be deducted

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C/FA/562/2023 JUDGMENT DATED: 08/08/2023

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as personal expenses. Since the dependents

were two in number, Rs.2,903/- is deducted and

therefore, the monthly dependency would come

to Rs.5,807/- and annually Rs.69,684/-,

applying multiplier of 13, future loss would

come to Rs.9,05,892/-.

[6] The consortium loss has been granted by the

Tribunal to the widow including the funeral

expenses and loss to estate of Rs.16,500/-

under each head.

[7] The computation of the compensation would be

as under:-

Dependency loss Rs.9,05,882/- Funeral expenses Rs. 16,500/-

       Loss to estate                               Rs.     16,500/-
       Consortium loss                              Rs.     44,000/-
       Total compensation                           Rs.9,82,892/-

[8] 10% contributory negligence has been assessed

by the Tribunal. Thus, Rs.98,289/- would be

deducted and the compensation thus as could be

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C/FA/562/2023 JUDGMENT DATED: 08/08/2023

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granted to the claimants would be

Rs.8,84,603/-.

[9] As the Tribunal has granted compensation of

Rs.6,54,300/- with interest at the rate of 9%

per annum, the claimants would be entitled to

the enhanced amount of compensation of

Rs.2,30,303/- with interest at the rate of

7.5% per annum from the date of filing of the

claim petition till its realization. The

insurance Company is directed to deposit the

said amount within eight weeks from the date

of receipt of writ of this Court.

[10] The impugned judgment and award be modified

accordingly. The appeal is partly allowed.

Registry is directed to send the record and

proceedings back to the Tribunal, if received.

(GITA GOPI,J) Maulik