Gujarat High Court
Virendrasinh Chhatrasinh Joddha vs Chimanbhai @ Ketankumar Manilal Ninama on 8 December, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/4118/2018 ORDER DATED: 08/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4118 of 2018
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VIRENDRASINH CHHATRASINH JODDHA & 2 other(s)
Versus
CHIMANBHAI @ KETANKUMAR MANILAL NINAMA & 1 other(s)
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Appearance:
MR MOHSIN M HAKIM(5396) for the Appellant(s) No. 1,2,3
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 08/12/2023
ORAL ORDER
1. The challenge is given to the judgment
and award dated 16.01.2015 by Motor Accident
Claims Tribunal (Aux.) at Modasa, Dist.
Sabarkantha in MACP No.2262 of 2013 (Old MACP
No.320 of 2013).
2. The deceased - Chetnaben, stated to be
aged about 23 and studied up to 12th standard,
working as supervisor-cum-Clark in Sagar
Vidhalaya at Naroda, Ahmedabad was earning
Rs.5,000/- per month, thus, the ground has been
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raised that the income assessed as Rs.3,000/- is
not in accordance to the evidence.
3. Mr.Mohsin M.Hakim, learned advocate for
the appellants submitted that necessary cogent
documents were produced on record by way of
Exh.53, which is salary slip certificate of Sagar
Vidhyalaya, Naroda reflecting the income of
Rs.5,000/-, and the deposition was given by
Kiritbhai Shankerbhai Patel, Principal in Sagar
Vidhyalaya, who has affirmed the certificate,
Exh.53.
3.1 Advocate Mr. Hakim submitted that the
school was a non-grantable. The fact that the
deceased was serving in Sagar Vidhyalaya has been
proved by the evidence of Principal, and further
the income Rs.5,000/- paid to the deceased has
also been proved, and there was no reason to
disbelieve the Principal merely considering that
no receipt or voucher about the payment has been
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shown.
3.2 Advocate Mr. Hakim further stated that
as per Magma General Insurance Company Ltd. Vs.
Nanu Ram Alias Chuhru Ram & Ors., reported in
(2018) SCC 130 [2018 ACJ 2782], now consortium
loss has to be considered rather than loss of
love and affection.
4. Mr. Vibhuti Nanavati, learned advocate
for the insurance company submitted that the
amount as assessed is just and proper and
reasonable amount has been granted as
compensation under the different heads, which are
as under:
Heads Amount
Future loss of dependency Rs. 3,24,000/-
Loss of Estate Rs. 10,000/-
Loss of love and affection Rs. 10,000/-
Funeral expenses etc. Rs. 5,000/-
Pain, shock and suffering Rs. 5,000/-
Total Compensation Rs. 3,54,000/-
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5. The case of the claimants, as was urged
before the Tribunal was that, on 29.11.2012, at
about 04:00 p.m. on Gabhoi - Manpuri Road, in the
outskirt of village Manpuri, near the farm of
Navneetbhai Prabhudas Patel, the deceased
Chetnaben along with others were travelling in
Rickshaw No.GJ-9-Z-6349 from village Gabhoi to
attain marriage ceremony at village Hunj. The
rickshaw was driven by opponent no.1, when they
reached at the outskirt village Manpuri near farm
of Navneetbhai Prabhudas Patel, because of
driving rash and in negligent manner, the driver,
lost control over steering, the rickshaw turned
turtle; as a result, all the persons travelling
in the rickshaw sustained injury. The deceased
Chetnaben also received injuries and was taken
for medical treatment at Medistar Hospital,
Himmatnagar, and after few hours of struggle, she
died.
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6. The income of the deceased, aged about
23 years, has been proved by way of examining the
Principal of Sagar Vidhyalaya, Naroda, who had
affirmed the income certificate, Exh.53. There
was no reason to disbelieve the witness, and
further taking into consideration the date of
death, the amount, as would be paid in form of
salary to the deceased who was on the job of
supervisor-cum-clark, is just and would be in
accordance to the cost of living index prevalent
at the time of accident. Thus, in view of the
evidence on record, the income is required to be
assessed as Rs.5,000/- per month.
6.1 Taking into consideration the age, 40%
prospective rise is required to be assessed in
accordance to National Insurance Company Ltd. v.
Pranay Sethi and Ors., AIR 2017 SC 5157, and,
thus monthly income would come to Rs.7,000/-
(5,000 + 2000). Since Chetnaben died unmarried,
half of the amount is required to be deducted
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under the head of personal expenses; hence,
monthly dependency loss would come to Rs.3,500/-
(7,000 / ½).
6.1 Assessing the monthly income, applying
multiplier of 18, the loss of dependency would
come to Rs.7,56,000/- (3,500 x 12 x 18).
6.2 As per National Insurance Company Ltd.
v. Pranay Sethi and Ors. (supra), the amount
under funeral expenses is required to be granted
as Rs.15,000/-. As submitted, Chetnaben died on
the spot, thus, no amount under the head of pain,
shock and sufferings is required to be granted.
6.3 The learned Tribunal has granted
Rs.10,000/- under the head of loss of love and
affection, but as the claimants are aged parents,
thus, in view of case of Magma General Insurance
Company Ltd. Vs. Nanu Ram Alias Chuhru Ram &
Ors., reported in (2018) SCC 130 [2018 ACJ 2782],
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the consortium loss to the parents, Rs.40,000/-
for each of the parents is required to be
granted; thus, under the head of loss of
consortium, Rs.80,000/- is granted.
7. Thus, in view of the above, the
computation is as under:
Heads Amount
Future loss of dependency Rs. 7,56,000/-
Loss to Estate Rs. 15,000/-
Funeral expenses etc. Rs. 15,000/-
Loss of consortium Rs. 80,000/-
Total Compensation Rs. 8,66,000/-
8. The Tribunal has granted compensation of
Rs.3,54,000/- at the rate of 8%. The enhanced
amount of Rs.5,12,000/- [8,66,000 - 3,54,000) be
paid in equal proportion to both the parents
within eight weeks from the date of receipt of
writ of this order at the rate of 7.5%.
10. In the result, the appeal is partly
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allowed. The impugned judgment and award dated
16.01.2015 by Motor Accident Claims Tribunal
(Aux.) at Modasa, Dist. Sabarkantha in MACP
No.2262 of 2013 (Old MACP No.320 of 2013), 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
