Gujarat High Court
Shobhnaben Mukeshbhai Parmar vs Shahrukh Babukhan Pathan on 6 December, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/2689/2023 JUDGMENT DATED: 06/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2689 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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SHOBHNABEN MUKESHBHAI PARMAR
Versus
SHAHRUKH BABUKHAN PATHAN
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Appearance:
MR. SABIR B SAIYYAD(6322) for the Appellant(s) No. 1,2,3
MR RATHIN P RAVAL(5013) 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 : 06/12/2023
ORAL JUDGMENT
1. Heirs of the deceased Mukesh Jashvant Parmar
as the claimants have challenged the judgment
dated 18.2.2022 passed by the MACT (Aux),
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Mahisagar at Lunavada in MACP no.2441 of
2017(Old MACP no.728/14). Ground which has
been raised is with regard to assessment of
the income of the deceased of the skilled
labourer. Advocate Mr. Khan submitted that the
deceased was doing the centering work and was
also working in agricultural field as a
labourer. The deceased was aged about 22 at
the time of his death. Mr. Khan submitted that
at least the Tribunal could have taken the
assistance of minimum wages schedule to assess
the compensation considering the date of
accident.
2. The accident had taken place on 26.2.2013
while the deceased was on motorcycle bearing
registration no. GJ-17 AG-932 and was going
from Kankanpur to Rinchhrota and when he
reached Chhakadiya cross roads at about 19.30
hrs., it is stated that one indigo car bearing
registration no. GJ-8 D-9090 came in a rash
and negligent manner and dashed the deceased
motorcycle. As a result he sustained grievous
injuries and died during the treatment. The
police complaint at Godhar Police Station was
filed as CR No.I-45/13.
3. Advocate Mr. R.P. Raval for the insurance
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company submitted that the applicants were
required to produce documentary proof to
satisfy the court that the deceased was doing
the centering work and also a farm labourer in
absence of any cogent evidence on record. Mr.
Raval submitted that the learned Tribunal has
rightly considered the income as Rs.3,000/-
per month and has granted 40% prospective rise
which according to Mr. Raval is just and
reasonable and deducted one-third considering
the dependency of the widow of the deceased,
mother and sister.
4. Considering the date of accident as 26.2.2013
and the fact that the deceased was skilled
labourer, the income as per the minimum wages
schedule is considered as Rs.5,180/- per month
and thus, accordingly, this Court considers
that at least the amount as per the minimum
wages schedule ought to have been considered
in absence of any documentary evidence.
Further 40% prospective rise in income is
assessed. Hence, monthly income would come to
Rs.7,252/- (Rs.5,180/- + Rs.2,072) deducting
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one-third under personal expenses, the amount
would come to Rs.4,835/- (Rs.7,252/- -
Rs.2,417/-). Taking annual income with the
multiplier of 18, dependency loss would come
to Rs.10,44,360/- (Rs.4,835/- x 12 x 18).
5. The claimants would be entitled to consortium
loss as mother, widow and daughter. The
learned Tribunal has rightly granted
Rs.1,32,000/- under the head of consortium
loss and has also rightly assessed the loss to
estate as Rs.16,500/- and funeral expenses at
Rs.16,500/- in accordance to the judgment in
the case of National Insurance Company Limited
Vs. Pranay Sethi & Ors. reported in (2017) 16
SCC 680. The compensation can be computed a
under:-
Dependency loss Rs.10,44,360/-
Consortium loss Rs. 1,32,000/-
Loss to estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
Total compensation Rs.12,09,360/-
6. As the Tribunal has granted compensation of
Rs.7,69,800/- with interest at the rate of 9%
per annum, the claimants would be entitled to
the enhanced amount of compensation of
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Rs.4,39,560/- with interest at the rate of
7.5% per annum from the date of filing of the
claim petition till its realization. The
enhanced amount is directed to be deposited
within eight weeks from the date of receipt of
writ of this Court.
7. From the said amount, 70% of the amount be
given to the claimants in proportion as
declared by the Tribunal and rest of 30% be
invested in a fixed deposit with any
nationalized bank for a period of two years.
Interest accruing on such Fixed Deposit
shall be accumulated. After two years, total
amount be given to the claimants without any
reference to the court in the proportion as
declared by the Tribunal.
8. 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
