Gujarat High Court
Gopiram Nathuji Kumavat vs Chandubhai Nanjibhai Dabhi on 1 December, 2023
Author: Gita Gopi
Bench: Gita Gopi
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C/FA/4272/2018 JUDGMENT DATED: 01/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4272 of 2018
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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GOPIRAM NATHUJI KUMAVAT & 3 other(s)
Versus
CHANDUBHAI NANJIBHAI DABHI & 2 other(s)
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Appearance:
MAITRI P PATEL(8126) for the Appellant(s) No. 1,2,3,4
MR YOGI K GADHIA(5913) for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 1
UNSERVED EXPIRED (R) for the Defendant(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/12/2023
ORAL JUDGMENT
1. The claimants are the parents and minor
siblings of deceased - Narayanbhai Gopiram
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Kumavat, who was aged about 15 years at the time
of accident, which occurred on 11.03.2009, where
the deceased along with his cousin brother
Shyamlal Gomaram Kumavat were going on foot on
the left side of the road from Chamunda Nagar
Railway Crossing to Krushna Dham Vibhag-2, Block
No.8, situated near S.G.Highway to meet their
brother. At that time, an Eicher Tractor bearing
Registration No.GJ-1-FQ-4139 came in rash and
negligent manner and in excessive speed and hit
the deceased; as a result, he fell down and right
side front and rear wheel ran over him. He was
taken in 108 ambulance to the hospital, where he
was declared dead.
2. The challenge has been given by the
claimants to the judgment and award dated
08.12.2017 passed in MACP No.494 of 2010 by Motor
Accident Claims Tribunal (Aux.) Ahmedabad,
raising grounds that the compensation amount has
not been appropriately assessed.
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3. Advocate Ms. Maitri P.Patel for the
appellants referring to the facts of the case
submitted that compensation ordered of
Rs.2,19,000/- is on a very lower side, and
submitted that the assessment ought to have been
made in accordance to the ratio laid down by the
Hon'ble Apex Court in various judgments in case
of deceased minor.
3.1 Ms. Patel has referred to the judgment
of Lata Wadhwa & Ors. v. State of Bihar & Ors.,
reported in (2001) 8 SCC 197 and Kishan Gopal &
Anr. v. Lala & Ors., (2014) 1 SCC 244, has urged
the Court to grant the compensation in accordance
to the standard laid down by the Apex Court in
the referred judgments.
3.2 Countering the argument, Advocate
Mr.Yogi K.Gadhia, stated that the minor child
would not have any income; in spite of that the
learned Tribunal has considered the earning
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capacity and had also added rise of 40% as a
future prospects, and accordingly the
compensation has been granted, and stated that
just and reasonable amount had been granted.
4. In Kishan Gopal And Another Vs. Lala And
Others (supra), the Hon'ble Supreme Court by
referring the facts of the case of minor aged
about 10 years, had considered the notional
income as Rs.30,000/- by applying multiplier of
15, considered Rs.4,50,000/- as dependency loss
and Rs.50,000/- has been considered under the
conventional heads for loss of love and
affection, funeral expense and last rites, as was
held in General Manager, Kerala State Road
Transport Corporation Vs. Susamma Thomas,
reported in 1994 ACJ 1 (SC), which is referred to
in Lata Wadhwa and Ors. Vs. State of Bihar and
Ors., reported in (2001) 1 Supreme Court Cases
197.
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5. In Meena Devi Vs. Nunu Chand Mahto @
Nemchand Mahto, reported in 2022 ACJ 2478, the
child died in a road accident was aged about 12
years. The Hon'ble Apex Court after applying the
ratio laid down in case of Kurvan Ansari @ Kurvan
Ali & Another Vs. Shyam Kishore Murmu And
Another, reported in (2022) 1 SCC 317, and the
principle laid down in Kishan Gopal And Another
Vs. Lala And Others (supra), accepting the
notional earning of Rs.30,000/- including the
future prospect, and by applying the multiplier
of 15, in view of the decision in Sarla Verma and
Others vs. Delhi Transport Corporation and
Another, reported in AIR 2009 SC 3104, the loss
of dependency was assessed as Rs.4,50,000/-, and
further Rs.50,000/- was added in conventional
head, and, thus total compensation of
Rs.5,00,000/- was granted.
6. This Court considers that the present
matter in which the age of deceased minor was 15
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years at the time of accident, should be placed
at the same pedestal, as had been observed in
case of Kishan Gopal And Another Vs. Lala And
Others (supra) and Meena Devi Vs. Nunu Chand
Mahto @ Nemchand Mahto (supra). The notional
earning of the child including future prospect is
required to be considered as Rs.30,000/- and by
applying multiplier of 15 as laid down in Sarla
Verma and Others vs. Delhi Transport Corporation
and Another (supra), the loss of dependency is
required to be assessed as Rs.4,50,000/-, and
Rs.50,000/- is required to be granted under
conventional head, and, thus this Court considers
that in total compensation of Rs.5,00,000/- would
be an equitable, just and reasonable compensation
for the claimants.
7. The Tribunal has granted Rs.2,19,000/-
as total compensation. The additional
compensation of Rs.2,81,000/- (5,00,000 -
2,19,000) at the rate of Rs.7% is ordered to be
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deposited within a period of 8 weeks from the
date of receipt of certified copy of this order.
8. In the result, the appeal is partly
allowed. The impugned judgment and award dated
08.12.2017 passed in MACP No.494 of 2010 by Motor
Accident Claims Tribunal (Aux.) Ahmedabad stands
modified to the aforesaid extent. No order as to
costs. Record & Proceedings, if any, be sent back
to the concerned tribunal.
(GITA GOPI,J)
Pankaj
