Gujarat High Court
Geetaben Wd/O Sardarbhai ... vs Durgashankar Kaniram Shankar on 12 July, 2023
Bench: Gita Gopi
C/FA/2898/2023 ORDER DATED: 12/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2898 of 2023
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GEETABEN WD/O SARDARBHAI DHARUBHAI NINAMA
Versus
DURGASHANKAR KANIRAM SHANKAR
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Appearance:
MR R.K.MANSURI(3205) for the Appellant(s) No. 1,2,3,4,5
for the Defendant(s) No. 1,2
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 12/07/2023
ORAL ORDER
1. By the judgment and order dated 21.07.2022, seven first
appeals were decided which had arisen out of the judgment and
award passed in the Motor Accident Claim Petitions which were
raised towards the common accident.
2. Learned advocate Mr. R. K. Mansuri for the appellants stated
that the present first appeal is also connected as the Motor Accident
C/FA/2898/2023 ORDER DATED: 12/07/2023
Claim Petition No. 23 of 2018 arose from the same accident.
3. The facts of the case, as emerged from record, suggest that on
14.11.2017 at about 3:30 a.m. the accident took place on Lunavada
to Modasa four lane roadm, in the outskirts of village: Ambaliya of
Malpur Taluka. Deceased Sardarbhai Dhirubhai Ninama was the
driver of the Tractor Trolley, bearing registration No. GJ-20-TC-47
and the deceased, along with Shankarbhai Rajsinhbhai and other
labourers left towards the road on Lunavada to Malpur and while
they were on the road, a Truck bearing registration No. RJ-27-GB-
1848 came in excessive speed in rash and negligent manner,
endangering human life and dashed with the tractor trolley from the
rear side and because of that, the tractor trolley was thrown off on
the left side of the road which dashed with the cabin which was
located on the side of the road and the driver of the tractor trolley -
Sardarbhai Ninama and others sustained serious injuries. Seven
persons died on the spot, which included Sardarbhai Ninama and son
of the deceased - Vipulbhai as well as other persons, sustained
serious injuries.
C/FA/2898/2023 ORDER DATED: 12/07/2023
4. The learned advocate for the appellants submitted that
admitted fact was that the deceased was the driver on the tractor
trolley and considering the date of accident, the learned Tribunal
ought to have considered the Minimum Wage Schedule to grant the
compensation accordingly.
5. As against this, learned advocate Mr. Rathin Raval for the
respondent No. 3 - insurance company submitted that the learned
Tribunal has considered just and reasonable income of the deceased
since no cogent evidence has been produced on record to prove that
the deceased was regularly earning as a driver and has submitted that
the deceased's earning, as noted by the learned Tribunal as
Rs.5,500/- is required to be considered. He further stated that the
learned Tribunal has made an error in adding the prospective rise in
income as 40%.
6. According to the minimum wage of the skilled person as a
driver who is considered as a skilled person as per the Minimum
Wage Schedule prevalent in the State of Gujarat, the deceased would
C/FA/2898/2023 ORDER DATED: 12/07/2023
be entitled for monthly income of Rs.7,946/-. The age of the
deceased was 40 years, 06 months and 15 days and hence,
prospective rise in income at 25% is required to be considered. The
dependents are five in number and hence, 1/4th deduction from the
income is required to be made. Further, considering the age of the
deceased, a multiplier of 15 would be applicable and hence, the
dependency loss would come to Rs.13,41,000/- (Rs.7,946 + 1987 =
9,933 - 1/4th i.e. 2,483 = 7,450 x 12 x 15). The deceased died
leaving behind four minors and widow and hence, as per the
decision of the Hon'ble Apex Court in Magma General Insurance
Company Limited v. Nanu Ram alias Chuhru Ram & Ors., (2018)
18 SCC 130, the dependents would be entitled to Rs.40,000/- each
towards loss of consortium and the dependents being five in number,
the amount under the head of loss of consortium would be Rs.2 lakh.
Further, following the decision of the Hon'ble Apex Court in
National Insurance Company Limited v. Pranay Sethi & Ors.,
(2017) 16 SCC 680, for loss of estate, Rs.15,000/- and towards
funeral expenses, Rs.15,000/- is required to be granted. Hence, the
computation of total compensation under different heads would be as
C/FA/2898/2023 ORDER DATED: 12/07/2023
under:
Head Amount (Rs.)
Dependency Loss 13,41,000/-
Loss of Consortium 2,00,000/-
Loss of Estate 15,000/-
Funeral Expenses 15,000/-
Total 15,71,000/-
6.1 The learned Tribunal has considered 20% negligence of the
deceased, which would be deducted from the above computation.
Hence, Rs.3,14,200/- on being deducted, the claimants would be
entitled to Rs.12,56,800/- towards compensation. The learned
Tribunal has granted the compensation to tune of Rs.9,20,320/-.
Thus, the enhanced amount would be Rs.3,36,480/-.
7. In view of the above, present appeal succeeds and is
accordingly, allowed in part. The impugned judgment and award
dated 26.04.2019 passed by the learned Motor Accident Claims
Tribunal (Auxiliary), Modasa in Motor Accident Claim Petition No.
23 of 2018 is modified to the aforesaid extent and it is held that the
C/FA/2898/2023 ORDER DATED: 12/07/2023
appellants - claimants would be entitled to total compensation of
Rs.12,56,800/-. Accordingly, the enhanced amount of Rs.3,36,480/-,
as aforesaid, is directed to be deposited within eight weeks. The
appellants - claimants shall be entitled to interest at the rate of 7.5%
on such enhanced amount. R&P, if received, be transmitted back
forthwith.
[ Gita Gopi, J. ]
hiren
/PC-23
