Gujarat High Court
Jayantibhai Bachubhai Solanki vs Abdulbhai Osmanbhai on 7 October, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
C/FA/4874/2010 ORDER DATED: 07/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4874 of 2010
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JAYANTIBHAI BACHUBHAI SOLANKI & 1 other(s)
Versus
ABDULBHAI OSMANBHAI & 2 other(s)
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2
MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 2
MR PJ KANABAR(1416) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 07/10/2023
ORAL ORDER
1. Being dissatisfied with the quantum of compensation, the original
claimants have preferred the present appeal seeking enhancement
of compensation awarded by the claim Tribunal, Amreli.
2. On 01.06.2004, deceased Vijay Solanki, aged about 18 years, met
with an accident, when the tempo in which he was travelling,
collided with offending truck, as a result of which, he died on the
spot. The appellants being a parents, had filed claim petition (297
of 2004) before the Claim Tribunal, at Amreli, claiming
compensation against the owner and Insurance Company of the
tanker. The learned Tribunal vide its judgment and award dated
30.09.2010, awarded a sum of Rs.1,05,000/- with interest at the
rate of 9% and directed the Insurance Company to pay the same to
the appellants.
NEUTRAL CITATION
C/FA/4874/2010 ORDER DATED: 07/10/2023
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3. Being aggrieved with the amount of compensation, the appellants
are before this Court.
4. Mr. Hiren Modi, learned counsel appearing for the appellants has
contended that, the learned Tribunal committed an error while
considering the notional income of Rs.15,000/- p.a. and without
prospective income, a meager amount under the dependency loss
having been considered, which requires interference as the award is
on lower side.
5. On the other hand, learned counsel Mr. H.G. Majmudar for the
Insurance Company has submitted that the incident in question was
occurred in the year 1988 and therefore, the income of the
deceased having been properly taken into account by the Tribunal
and same does not warrant any interference by this Court.
6. Having heard the learned counsel for the respective parties and on
perusal of the judgment impugned, the issue fall for consideration
of this Court is as to whether the amount determine by the Tribunal
needs interference?
7. The factum of accident, involvement of vehicle and age of the
deceased are not in dispute. At relevant time, the deceased was not
married. According to case of the appellants, deceased was in
seasonal business of mango and was earning Rs.3000/- p.m. In
such kind of business, the market would always controlled by the
broker etc. and therefore in order to prove the income, so far as
NEUTRAL CITATION
C/FA/4874/2010 ORDER DATED: 07/10/2023
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present case is concerned, it is difficult for the original claimants to
adduce the evidence to establish the income of the deceased. Thus,
the learned Tribunal failed to appreciate this aspect and had taken
into consideration Rs. 15000/- as notional income, which is little
bit on lower side and therefore, the income could have considered
as Rs.1800/- p.m. by the Tribunal. Thus, taking into consideration
Rs.1800/- as monthly income, the amount awarded is deserves to
be modified and accordingly, the following amount is payable to
the claimants:
Dependency Loss : Rs.2,72,160(1800X12=21600+40%=
30240-1/2=15120X18) 2,72,160/-
Conventional amount: Rs.1,10,000/- (80,000+30000)
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Total Rs.3,82,160/-
8. For the aforestated reasons, the appellants are entitled for the
enhanced amount of Rs.2,77,000 (3,82,160-1,05,160). The
enhanced amount will carry the rate of interest at the rate of 6%
from the date of claim petition. The Insurance Company shall
deposit the amount of compensation with interest within 2 months
from the receipt of this judgment and award. The claim Tribunal
shall disburse the entire amount without making further investment
in the FDRs to the claimants through RTGS mode or any other
electrical mode. Decree be drawn accordingly.
(ILESH J. VORA,J)
P.S. JOSHI
