Rajendrakumar Kapurji Marvadi vs Mahendrasinh Amarsinh
2023 Latest Caselaw 1683 Guj

Citation : 2023 Latest Caselaw 1683 Guj
Judgement Date : 20 February, 2023

Gujarat High Court

Rajendrakumar Kapurji Marvadi vs Mahendrasinh Amarsinh on 20 February, 2023

Bench: Gita Gopi

     C/FA/3073/2022                                ORDER DATED: 20/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 3073 of 2022

================================================================
                      RAJENDRAKUMAR KAPURJI MARVADI
                                 Versus
                          MAHENDRASINH AMARSINH
================================================================
Appearance:
MR V B MALIK(5071) for the Appellant(s) No. 1,2
for the Defendant(s) No. 1,2
MR VC THOMAS(5476) for the Defendant(s) No. 3
================================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                               Date : 20/02/2023

                                ORAL ORDER

1. In this First Appeal, challenge has been given to

judgment and award dated 24.11.2017 passed by the Motor

Accident Claims Tribunal (Auxi.), Mahisagar at Lunawada in MACP

No.1670 of 2017 (Old MACP No.1508 of 2009) praying for

enhancement of the compensation amount for the minor deceased

aged about 15 years, who died in a vehicular accident on

27.05.2009.

2. The facts of the case suggest that the minor was going

on bicycle in moderate speed on the side of road. At that time,

opponent No.1 came by driving tempo No.RJ-06-G-4625 in rash and

negligent manner with excessive speed and dashed from behind the

minor cyclist. As a result, he sustained grievous injuries and

C/FA/3073/2022 ORDER DATED: 20/02/2023

succumbed to death. The learned Tribunal has granted

compensation amount of Rs.1,42,500/-.

3. Learned Advocate Mr.Malik for the appellant submitted

that the learned Tribunal ought to have followed the judgment of

the Hon'ble Apex Court in case of Lata Wadhwa Vs. State of

Bihar, reported in (2001) 8 SCC, 197 and in case of Kishan

Gopal & Anr. Vs. Lala & Ors., reported in (2014) 1 SCC, 244, to

grant the compensation.

4. Supporting the judgment and award, learned Advocate

Mr.Thomas submitted that just and reasonable compensation has

been granted to the claimants as the minor was a non-earning

person. He therefore submitted that the learned Tribunal has

assessed the compensation on the basis of notional income.

5. In case of Kishan Gopal (supra), the Hon'ble Apex

Court, while referring to judgment in case of Lata Wadhwa (supra),

has observed as under:-

"In Lata Wadhwa, (2001) 8 SCC 197, it was observed that the compensation determined for the children of all age groups could be double of what is stated in Schedule II to the MV Act, as the determination made was grossly inadequate and further made that the loss of children is irrecoupable and no amount of money could compensate the parents. The legal principle laid down in Lata Wadhwa case is applicable to the facts and circumstances of the case in hand having regard to the fact that the deceased was 10 years old, who was assisting the appellants in their agricultural occupation

C/FA/3073/2022 ORDER DATED: 20/02/2023

which is an undisputed fact. Further, the deceased boy, had he been alive would have certainly contributed substantially to the family of the appellants by working hard."

6. In view of the law laid down in case of Lata Wadhwa

(supra), in case of Kishan Gopal (supra), the Hon'ble Apex Court

deemed it just and reasonable to take notional income at

Rs.30,000/- and applying multiplier, granted compensation and

even provided money under the conventional heads towards loss of

love and affection, funeral expenses and last rites, as held in the

judgment in case of Kerala SRTC Vs. Susamma Thomas, reported in

(1994) 2 SCC, 176. The relevant para No.39 in case of Kishan

Gopal (supra) reads as under:-

"39. In view of the aforesaid reasons, it would be just and reasonable for us to take his notional income at Rs.30,000/- and further taking the young age of the parents, namely the mother who was about 36 years old, at the time of accident, by applying the legal principles laid down in the case of Sarla Verma V/s. Delhi Transport Corporation, (2009) 6 SCC 121, the multiplier of 15 can be applied to the multiplicand. Thus, 30,000 x 15 = 4,50,000 and 50,000/- under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC V/s. Susamma Thomas, (1994) 2 SCC 176, which is referred to in Lata Wadhwa's case and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs.50,000/- under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants."

7. In the present case, considering the age of minor being

C/FA/3073/2022 ORDER DATED: 20/02/2023

15 years and taking notional income as Rs.30,000/-, the

compensation would be Rs.30,000/- X 15 = Rs.4,50,000/- and

Rs.50,000/- are required to be granted under the conventional

heads of loss of love and affection, funeral expenses and last rites.

Thus, total amount of compensation would be Rs.5,00,000/-. The

Tribunal has award Rs.1,42,500/- at the rate of 9% interest. The

enhanced amount would be Rs.3,57,500/-, which the Insurance

Company is directed to deposit within six weeks from the date of

receipt of this order. The claimants would be entitled to enhanced

amount of compensation of Rs.3,57,500/- at the rate of 7.5%