Gujarat High Court
Reliance General Insurance Co Ltd vs Dharmaben Ketankumar Gajjar ... on 12 June, 2023
Bench: Gita Gopi
C/FA/808/2023 JUDGMENT DATED: 12/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 808 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In
R/FIRST APPEAL NO. 808 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI Sd/-
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1 Whether Reporters of Local Papers may be allowed to No
see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the No
judgment ?
4 Whether this case involves a substantial question of law No
as to the interpretation of the Constitution of India or
any order made thereunder ?
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RELIANCE GENERAL INSURANCE CO LTD
Versus
DHARMABEN KETANKUMAR GAJJAR MISTRI
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 12/06/2023
ORAL JUDGMENT
1. By way of this Appeal, the Appellant-Insurance
Company has challenged the judgment and award
dated 27.07.2022 passed by the learned Motor
C/FA/808/2023 JUDGMENT DATED: 12/06/2023
Accident Claims Tribunal (Aux. VI), Ahmedabad
(Rural), Mirzapur in M.A.C.P. No.184 of 2016.
2. The facts of the case in a nutshell is that on
13.09.2015, the deceased was going for his work and
was riding his motor cycle bearing Registration
No.GJ-27-4-6573. At about 9.00 am, when he was
passing opposite side of Kazi Hotel at Narol-Sarkhej
Public road, at that time, a Tanker bearing
Registration No.GJ-24-V-7596 driven by the
respondent No.1 came will full speed and in a rash
and negligent manner and dashed the motorcycle.
The deceased was thrown away on the road, sustain
fracture on his forehead and thereafter, succumbed
during the treatment due to the fatal injures. A
First Information Report was lodged against the
Tanker Driver at Vatva Police Station.
3. Learned Advocate for the Insurance Company Mr.
Rathin Raval has stated that the challenge is only to
the extent that the awarded compensation is
exorbitant and is required to be sufficiently reduced.
It is further submitted that the income aspect has not
been properly appreciated.
C/FA/808/2023 JUDGMENT DATED: 12/06/2023
4. Countering the above, learned Advocate for the
claimants Mr. Nishit A. Bhalodi submits that the
learned Tribunal has assessed the income of the
deceased as per the salary slips on record and the
prospective rise in income has been granted following
the various decisions of the Hon'ble Apex Court.
5. Having heard learned Advocates for the respective
parties, perused the records of the case. The record
and proceedings shows that the pay slip of the
deceased from the month of April 2013 till December
2013. It also shows the pay slips for the whole year
of 2014 and till September 2015. The accident
occurred on 13.09.2015. The learned Tribunal has
placed reliance on the salary slip produced and has
considered the monthly income of the deceased as
Rs.26,503/- The salary slip of August 2015 shows
that the deceased had received the said amount as
his salary. The deceased was aged 47 years 11
months and 17 days at the time of his death. 25%
prospective rise in income is in accordance with the
decision of the Hon'ble Apex Court in the case of
National Insurance Company Limited v. Pranay Sethi
C/FA/808/2023 JUDGMENT DATED: 12/06/2023
and Others reported in 2017 (16) SCC 680.
Therefore, with the future prospective rise monthly
income has been assessed as Rs.33,130/-. The
assessment was made in accordance to the evidence
on record. One third amount is deducted considering
the dependents. Applying the multiplier of 13, the
total dependency loss of 34,45,520/- has been
assessed.
6. Even under the head of loss of consortium -
Rs.40,000/- has been granted to both the claimants.
Under the head of loss of estate and funeral expenses,
an amount of Rs.15,000/- each is granted and
considering an increase of 10%, Rs.1,21,000/- is
granted under the above head. The total amount
therefore, comes to Rs.35,66,520/-, which the learned
Tribunal has granted @ 7.5% per annum.
7. In view of the above, considering the principles as
laid down in the case of Pranay Sethi (supra) and as
per the decision of the Hon'ble Apex Court in the
case of Magma General Insurance Co. Ltd vs Nanu
Ram Alias Chuhru Ram reported in 2018 ACJ 2782,
this Court finds no reason to entertain the Appeal
C/FA/808/2023 JUDGMENT DATED: 12/06/2023
and the same is dismissed. In the result, the
judgment and award dated 27.07.2022 passed by the
learned Motor Accident Claims Tribunal (Aux. VI),
Ahmedabad (Rural), Mirzapur in M.A.C.P. No.184 of
2016 is confirmed.
8. In view of the judgment / order passed in the main
matter, the Civil Application also stands disposed of.
Sd/-
(GITA GOPI, J)
CAROLINE
