Gujarat High Court
Taraben Mukeshbhai Parmar vs Pappubhai Chhabarbhai Yadav on 11 January, 2023
Bench: A.Y. Kogje
C/FA/3596/2019 JUDGMENT DATED: 11/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3596 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
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1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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TARABEN MUKESHBHAI PARMAR
Versus
PAPPUBHAI CHHABARBHAI YADAV
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Appearance:
MR NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4
for the Defendant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 5
MR HG MAZMUDAR(1194) for the Defendant(s) No. 5
MR MAULIK J SHELAT(2500) for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 2
UNSERVED EXPIRED (R) for the Defendant(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 11/01/2023
ORAL JUDGMENT
1. The present Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and award dated 28 th
C/FA/3596/2019 JUDGMENT DATED: 11/01/2023
March 2019 passed by the Motor Accident Claims Tribunal
(Aux.), at Ankleshwar, in the Motor Accident Claim Petition
No.508 of 2013 (Old M.A.C.P. No.436 of 2009), whereby the
Tribunal was pleased to partly allow the claim petition.
2. By way of present Appeal, the appellants-claimants, widow
and children of the deceased Maheshbhai @ Mukeshbhai
Karshanbhai Parmar who sustained fatal injuries in a vehicular
accident which took place on 2nd June 2009 and later on died
during the treatment, seek enhancement of the compensation
amount to the tune of ₹5 lakh under different heads. The5 lakh under different heads. The
Tribunal has awarded compensation to the tune of ₹5 lakh under different heads. The8,19,700/-
under different heads considering the grievous and fatal injuries
sustained by the deceased as a result of which the deceased
succumbed.
3. That on appreciation of the evidence on record, the
Tribunal has held the driver of the offending Tanker bearing
registration No.MH-04-T-4628 involved in the accident sole
negligent. That for the purpose of awarding future loss of
income/loss of dependency, the Tribunal has considered/
assessed the income of the deceased at ₹5 lakh under different heads. The3,500/- per month and
adding 40% towards future prospects, i.e. ₹5 lakh under different heads. The1,400/-, it assessed
the loss of income at ₹5 lakh under different heads. The4,900/- per month. That thereafter, after
deducting one-fourth amount of ₹5 lakh under different heads. The1,225/- towards the personal
expenditure of the deceased, the Tribunal has considered the
loss of dependency at ₹5 lakh under different heads. The3,675/- per month and ₹5 lakh under different heads. The44,100/- per
C/FA/3596/2019 JUDGMENT DATED: 11/01/2023
annum and after applying the multiplier of 17, the Tribunal has
awarded ₹5 lakh under different heads. The7,49,700/- towards the future loss of income/ loss of
dependency. The Tribunal has further awarded a sum of
₹5 lakh under different heads. The15,000/- towards towards loss of estate, ₹5 lakh under different heads. The15,000/- towards
funeral expenses and ₹5 lakh under different heads. The40,000/- towards loss of consortium.
4. The argument advanced for enhancing the compensation is
based on two aspects. First, the income of the deceased was
assessed by the Tribunal at ₹5 lakh under different heads. The3,500/- per month considering the
date of accident, i.e. 02.06.2009, and the minimum wages
applicable at the relevant time. However, the Court is of the view
that the income of the deceased ought to have been assessed at
₹5 lakh under different heads. The3,860/- per month. Secondly, the enhancement is claimed
under the head of consortium as the Tribunal has awarded
₹5 lakh under different heads. The40,000/- only towards the loss of consortium, whereas
considering the number of family members of the deceased
claimants being four in number and as per the decision of the
Apex Court in the case of Magma General Insurance Company
Limited vs. Nanu Ram Alias Chuhru Ram and others,
reported in (2018) 18 SCC 130, more particularly paragraphs
20 and 21, the loss of consortium ought to have been enhanced
by awarding Rs.40,000/- to each of the claimants.
5. Learned advocate for the Insurance Company, though
broadly agreed to the proposition on the basis of various
decisions of the Apex Court, however, has submitted that the
Tribunal has correctly appreciated the evidence available before
it insofar as the monthly income of the deceased is concerned
C/FA/3596/2019 JUDGMENT DATED: 11/01/2023
and, therefore, he has submitted that there is no need to resort
to considering the minimum wages for assessing the income of
the deceased. Learned advocate submitted that though the
appellants-claimants have claimed interest @ 9% and has been
granted, however, as it is broadly agreed between the parties, the
interest be given accordingly.
6. Having considered the rival submissions of the parties and
having perused the documents on record, it appears that while
awarding future loss of income/ loss of dependency, the Tribunal
has assessed the income of the deceased at ₹5 lakh under different heads. The3,500/- per month
and after giving 40% rise, it assessed the loss of income at
₹5 lakh under different heads. The4,900/- per month. Thereafter, after deducting one-fourth
towards the personal expenses of the deceased and adopting the
multiplier of 17, the Tribunal has awarded ₹5 lakh under different heads. The7,49,700/- towards
future loss of income/ loss of dependency. However, taking into
consideration a catena of decisions of the Apex Court as well as
the High Courts, this Court deems it expedient to treat the
monthly income of the deceased at ₹5 lakh under different heads. The3,860/- considering the
date of accident as 02.6.2009 and the relevant minimum wages
of that year, and after adding 40% towards future prospects, it
comes to ₹5 lakh under different heads. The5,404/- per month. That thereafter, after deducting
one-fourth amount of ₹5 lakh under different heads. The1,351/- towards the personal
expenditure of the deceased, the loss of dependency would come
to ₹5 lakh under different heads. The4,053/- per month and ₹5 lakh under different heads. The48,636/- per annum. That
thereafter, after applying the multiplier of 17, the amount
towards the future loss of income/ loss of dependency would
come to ₹5 lakh under different heads. The8,26,812/-, which is just and reasonable amount.
C/FA/3596/2019 JUDGMENT DATED: 11/01/2023
7. In view of the aforesaid findings, the Court is of the view
that the claimants are entitled to the compensation as under :
₹5 lakh under different heads. The8,26,812/- Future loss of income
₹5 lakh under different heads. The15,000/- Loss of Estate
₹5 lakh under different heads. The15,000/- Funeral Expenses
₹5 lakh under different heads. The1,60,000/- Loss of Consortium (₹5 lakh under different heads. The40,000/- to each
claimant)
₹10,16,812/-10,16,812/- Total Compensation
8. The Tribunal has awarded ₹5 lakh under different heads. The8,19,700/- towards the
compensation amount. However, this Court has considered
₹5 lakh under different heads. The10,16,812/- towards the compensation amount. As a result of
the same, the claimants are now entitled to an additional
compensation of ₹5 lakh under different heads. The1,97,112/- (Rupees One Lakh Ninety-Seven
Thousand One Hundred Twelve only) with interest at the rate of
6% per annum from the date of filing of the petition till
realization.
9. The Insurance Company is directed to deposit the
additional amount of compensation of ₹5 lakh under different heads. The1,97,112/- with interest
at the rate of 6% per annum from the date of claim petition till its
realization, within a period of six weeks from the date of receipt
of copy of this order.
C/FA/3596/2019 JUDGMENT DATED: 11/01/2023
10. The Tribunal shall disburse the entire awarded amount
lying in the FDR and/or with the Tribunal with accrued interest
thereon, if any, to the claimants by account payee cheque after
proper verification and after following the due procedure.
11. While making the payment, the Tribunal shall deduct the
courts fee, if not paid, in accordance with rules/laws.
12. With the aforesaid, the Appeal stands partly allowed.
Records and proceedings be sent back to the concerned Tribunal
forthwith.
(A.Y. KOGJE, J.)
/MOINUDDIN
