Gujarat High Court
Lh Of Decd Kishorsinh Dilubha ... vs Anilbhai Maniram Gondaliya on 2 February, 2023
Bench: A.S. Supehia
C/FA/5560/2019 JUDGMENT DATED: 02/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5560 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.S. SUPEHIA Sd/-
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ? NO
2 To be referred to the Reporter or not ? YES
3 Whether their Lordships wish to see the fair copy
of the judgment ? NO
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution NO
of India or any order made thereunder ?
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LH OF DECD KISHORSINH DILUBHA ALIAS DILWARSINH GOHIL
Versus
ANILBHAI MANIRAM GONDALIYA
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Appearance:
MR SAMEE A URAIZEE FOR JENIL M SHAH(7840) for the Appellant(s) No.
1,1.1,1.2,1.3
MR VC THOMAS(5476) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 02/02/2023
ORAL JUDGMENT
1. In the present appeal, the appellants have assailed the judgment and
award passed by the court of the Motor Accident Claims Tribunal
(Auxiliary), Bhavnagar (Tribunal) in MACP No.373 of 2013.
2. Learned advocate appearing for the appellants has submitted that
the Tribunal has ignored the fixed income of the deceased at the rate of
Rs.3,000/- per month, which is even lower than the minimum wages
prevailing at that time as per the Minimum Wages Act, and instead of
C/FA/5560/2019 JUDGMENT DATED: 02/02/2023
Rs.3,000/-, it should be fixed at Rs.5,330/- as per the statute under the
Minimum Wages Act for the period from 01.04.2013 to 30.09.2013. thus,
it is submitted that accordingly, the future rise income of the deceased is
also required to be reassessed. It is submitted that accordingly the total
compensation awarded by the Tribunal is required to be enhanced.
3. Per contra, learned advocate Mr.Thomas appearing for the
opponent no.3 has submitted that the impugned judgment and order does
not require any interference since the same is appropriately passed.
4. The brief facts of the case are as under:-
4.1. That on 17.07.2013., the deceased was driving the Hero Honda
Motorcycle bearing no. GJ-4-AQ-3159 which was owned by his friend
namely Rajendrasinh K. Gohil and was going to work. It is further stated
that at this time the deceased was driving the Motorcycle in a moderate
speed and on his correct side, but, when he reached the spot of occurrence
of the accident in question the opponent no.1 drove the Luxury Bus
bearing no. GJ-14-W-404 in a rash and negligent manner endangering
human life and dashed with the Motorcycle driven by the deceased from
backside and as a result of the same the front wheel of the said Luxury
Bus ran over the deceased and as a result of the same the deceased
sustained serious injuries and died on the spot. It is alleged in the claim
petition that due to rash and negligent driving on the part of the opponent
no.1, the accident has occurred. Hence. the applicants have preferred the
claim petition for compensation of Rs.15,00,000/-from the opponents
along with interest as mentioned in claim petition.
C/FA/5560/2019 JUDGMENT DATED: 02/02/2023
5. The Tribunal, after considering the evidence, which was orally in
nature, has fixed the income of the deceased at the rate of Rs.3,000/-. The
evidence reveals that the deceased was serving as a Sales Manager in
Sitaram Sales Agency. As per the schedule under the Minimum Wags Act
for the period from 01.04.2013 to 30.09.2013, the income fixed by the
State Government for the Semi Scheme Group is Rs.5,330/-. Hence, the
income of the deceased is fixed at Rs.5,330/- and accordingly, 40%
prospective income would come to Rs.7,460/-. The rest of the
compensation is determined as under:-
Income (as per the schedule under
the Minimum Wages Act for the Rs.5,330/-
period from 01.04.2013 to
30.09.2013, semi scheme group
Prospective income (40%) +Rs.2130/-
Total Rs.7,460/-
Multiplied X12
Annual loss of income Rs.89,520/-
1/3rd deduction -Rs.29,541/-
Total Rs.59,979/-
Multiplied X15
Loss of dependency Rs.8,99,685/-
Loss of consortium qua each claimant +Rs.1,20,000/-
Rs.40,000/- each
Loss of estate as awarded by the +Rs.15000/-
Tribunal
Funeral expenses as awarded by the +Rs.15,000/-
Tribunal
Total compensation Rs.10,49,685/-
Amount awarded by the Tribunal -Rs.5,74,000/-
Additional compensation Rs.4,75,685/-
C/FA/5560/2019 JUDGMENT DATED: 02/02/2023
6. Hence, the appellants would be entitled to additional compensation
of Rs.4,75,685/-, which shall be deposited before the concerned Tribunal
within a period of three months along with 6% interest from the date of
filing of the claim petition till the realization of the amount. Accordingly,
the impugned judgment and award passed by the Tribunal is modified to
the aforesaid extent. The amount of additional compensation shall be
disbursed to the claimants after due verification.
9. It will be open for the appellants to deposit the court fees, which
shall be deposited before the Registry of this Court. As and when such
deposition, the same shall be accepted by the Registry.
10. In view of the above, the First Appeal is partly allowed. Record
and proceedings shall be returned to the concerned Tribunal forthwith.
Sd/-
(A. S. SUPEHIA, J)
ABHISHEK/15
