Gujarat High Court
Gomiben Namabhai Vasava vs Ramsagar Misrilal Yadav on 31 August, 2023
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/4878/2022 JUDGMENT DATED: 31/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4878 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI Sd/-
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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 ?
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GOMIBEN NAMABHAI VASAVA
Versus
RAMSAGAR MISRILAL YADAV
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
NOTICE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 31/08/2023
ORAL JUDGMENT
1. By way of this Appeal, the Appellants-claimants have
challenged the judgment and award dated 01.03.2021
passed by the learned Motor Accident Claims Tribunal
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C/FA/4878/2022 JUDGMENT DATED: 31/08/2023
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(Auxi.), Bharuch in M.A.C.P. No.28 of 2017 by
preferring an Appeal under Section 173 of the Motor
Vehicles Act, 1988 (hereinafter referred to in short as
'the M.V. Act').
2. The grounds raised inter-alia are to the effect that the
learned Tribunal has committed an error in assessing
the income of the deceased who was a skilled worker
- a Mason and the deceased being the only earning
member was supporting the four dependents. In
addition, the consortium amount has not been
granted to the dependents taking into consideration
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.
3. Learned Advocate for the appellants-claimants Mr.
Nishith A. Bhalodi submitted that the learned
Tribunal could have considered the Minimum Wages
Schedule to assess the income for the accident which
had occurred in the year 2016, the assessment of the
income was required to be made as per the
'Consumer Price Index' and 'Cost of Inflation Index'
of the relevant period and prospective rise in income
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should have been considered. In addition, the
consortium loss ought to have been granted to the
minor dependents by the learned Tribunal, taking
into consideration the decision of the Hon'ble Apex
Court in the case of Magma General Insurance Co.
Ltd. (supra).
4. Countering the above, learned Advocate for the
respondent - Insurance Company Mr. Palak H.
Thakkar submitted that the learned Tribunal has
granted dependency loss @ Rs.8,50,500/-, the loss of
consortium amount has been awarded to the widow
and therefore, the amount granted by the learned
Tribunal is just and proper.
5. The facts of the case suggest that on 25.12.2016 at
about 5.30 p.m., the deceased was going from Valia
to Kapodara Village on the motor cycle bearing
Registration No.GJ-16-AQ-8640. The motor cycle was
being driven by the deceased. At that time, the
respondent No.1 driving the Tanker No.GJ-16-Z-7123
came suddenly on the wrong side in full speed and in
a rash and negligent manner and dashed the
motorcycle, as a result of which the deceased
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sustained serious injuries and succumbed to death
while the pillion rider sustained serious fracture
injuries.
6. The learned Tribunal while considering the negligence
aspect has held the respondent No.1, the Driver of
the Tanker No.GJ-16-Z-7123 solely liable and
therefore, all the respondents were held jointly and
severally liable to pay the compensation. The
examination-in-chief was filed by way of an Affidavit
by the widow and as per the same at the time of the
accident, the deceased was 37 years of age and was
doing work of a Mason and according to the
claimants, the deceased was earning Rs.400/- per day.
In addition, the deceased was also doing contractual
work and therefore, earning Rs.800/- per day. The
learned Tribunal considered the income @ Rs.4,500/-
per month. Further, as per the Minimum Wages for
the year 2016 in accordance to the Notification of the
Labour and Employment, Department of State, a
Skilled Worker on the date of the accident dated
25.12.2016, the minimum wages could be assessed @
Rs.8,159/-. However, no documentary evidence has
been produced to substantiate that the deceased was
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working as a skilled labourer and hence, according to
the Minimum Wages Schedule for unskilled worker,
the income could be considered @ Rs.7,717/- per
month. The age of the deceased was proved to be
37 years by way of Election Card and thus, the
multiplier applicable would be 15. The monthly
income while considering the 40% prospective rise in
the income would come to Rs.10,804/- (Rs.7,717/-
plus 40% rise, i.e. Rs.3,087/-). Considering the
number of dependents, one-fourth is required to be
deducted towards personal expenses (1/4 of Rs.10,804
= Rs.2,701/-. Hence Rs.10,804/- minus Rs.2,701/- =
Rs.8,103/-) and therefore, the loss of income comes
to Rs.14,58,540/- (Rs.8,103/- x 12 months x 15
multiplier).
7. In the present case, the claimants are four, i.e. the
widow and three minor children. Considering the
decision of the Hon'ble Apex Court in the case of
Magma General Insurance Co. Ltd. (supra),
Rs.40,000/- each is to be granted to the dependents.
Therefore, the loss of consortium amount would come
to Rs.1,60,000/- (Rs.40,000/- x 4 dependents).
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8. Considering the decision of the Hon'ble Apex Court
in the case of National Insurance Company Limited v.
Pranay Sethi and Others reported in 2017 16 SCC
680, under the head of loss of funeral expenses and
loss of estate, an amount of @ Rs.15,000/- each can
be awarded.
9. Thus, the computation can be made as under :-
Details Amount (Rs.)
Future loss of income 14,58,540/-
Loss of Consortium amount 1,60,000/-
Funeral Expenses 15,000/-
Loss of Estate 15,000/-
TOTAL 16,48,540/-
10. The learned Tribunal has awarded an amount of
Rs.9,20,500/- with rate of interest @ 9% per annum,
which the respondent/s are liable to deposit, with the
enhanced amount as Rs.7,28,040/- (Rs.16,48,540/-
minus Rs.9,20,500/-). In the result, the present
respondent/s are directed to deposit the
enhanced/amount within a period of EIGHT (8)
WEEKS from the date of receipt of writ of the order
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of this Court. It is further directed that the
claimants would be entitled to receive the enhanced
compensation @ 7.5.% per annum from the date of
the application and the disbursement of the amount
be made as per the judgment and award of the
learned Tribunal.
11. In view of the above, the Appeal is allowed and
the judgment and award dated 01.03.2021 passed by
the learned Motor Accident Claims Tribunal (Auxi.),
Bharuch in M.A.C.P. No.28 of 2017 stands modified
to the above extent. Record and proceedings, if
any, be sent back to the concerned Court / Tribunal
forthwith.
Sd/-
(GITA GOPI, J)
CAROLINE
