Gujarat High Court
Najmaben Wd/O Sokatkhan ... vs Ganibhai Mohammedbhai Moniya ... on 14 September, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
C/FA/2048/2009 ORDER DATED: 14/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2048 of 2009
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NAJMABEN WD/O SOKATKHAN KAMAALKHAN & 3 other(s)
Versus
GANIBHAI MOHAMMEDBHAI MONIYA GHANCHI & 4 other(s)
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Appearance:
MR MB FAROOQUI(317) for the Appellant(s) No. 1,2,3,4
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
MS KARUNA V RAHEVAR(3818) for the Defendant(s) No. 5
RULE NOT RECD BACK for the Defendant(s) No. 1
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 ILESH J. VORA
Date : 14/09/2023
ORAL ORDER
1. Being dissatisfied with the quantum of compensation
awarded by the Tribunal, Palanpur at Banaskantha, the
original claimants have filed present appeal, seeking
enhancement of compensation.
2. In the fatal accident, deceased Saukhatkhan had lost his
life. On the day of accident i.e. 22.11.1995, he was on duty
with truck bearing No.GJ-2-T-8836. On account of
collusion between two trucks viz. GJ-2-T-8836 and GJ-3-
T-3511, deceased being a driver sustained fatal injuries
and died on the spot. The appellants being a legal heirs of
the deceased filed a claim petition (392 of 1996) before the
Palanpur, Tribunal and sought compensation against the
parties including Insurance Company of both the vehicles.
The learned Tribunal on the issue of negligence, assessed
NEUTRAL CITATION
C/FA/2048/2009 ORDER DATED: 14/09/2023
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the negligence on the part of the deceased to the extent of
50%, whereas 50% was fixed on the driver of opposite
vehicle. The learned Tribunal, considering the monthly
income Rs.1200/-, determined the dependency loss and
awarded total amount of compensation of Rs.2,62,900/-.
The learned Tribunal, considering the 50% negligence of
the deceased, deducted the amount and finally awarded
Rs.1,31,450/- in favour of the present appellants.
3. Being dissatisfied with the reduction of the claim and the
amount of compensation, the appellants are before this
Court.
4. This Court has heard learned counsels Mr.Vibhuti
Nanavati and Ms.Karuna Rahevar for the respective
parties.
5. This appeal is filed on two grounds viz. that the income
part considered by the Tribunal is on lesser side and the
reduction of the amount to the extent of 50% on account of
negligence attributable on the part of the deceased is
illegal.
6. In the issue of quantum, the learned Tribunal, after
considering the age of 35 years, assessed monthly income
of Rs.1200/- and deducted 1/3rd, arrived at a conclusion
that the claimants are entitled to get Rs.2,62,900/-. It
appears that under the head of conventional amount, only
Rs.20,000/- and Rs.5,000/- towards funeral and
transportation is being awarded by the Tribunal.
7. In the aforesaid facts, this Court is of the considered view
that so far as income part is concerned, there is no need to
increase the amount and accordingly, under the head of
NEUTRAL CITATION
C/FA/2048/2009 ORDER DATED: 14/09/2023
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dependency loss, the amount of Rs.2,30,400/- does not
require any modification. However, under the conventional
head, claimants are entitled Rs.70,000/- and accordingly,
the same amount has been awarded to the appellants.
8. The Tribunal has assessed 50% negligence on the part of
the deceased. On this aspect, it required to be noted that
the deceased was on duty as a driver and additional
premium paid covering the risk of the driver of the vehicle
and therefore, by accepting additional premium, the
Insurance Company would be liable to satisfy the claim,
irrespective of negligence on the part of the driver. The case
is covered by the judgment of the Division Bench of this
Court (Valiben Laxmanbhai Thakor Vs. Kandla Dock
Labour Board (2021 (4) GLH 77).
9. For the reasons recorded, the appellants are entitled for
the following enhanced amount:
(i) Rs.1,81,450/- (Rs.3,12,900 - Rs.1,31,450/- =
Rs.1,81,450/-)
10. The present appeal is allowed in part. The enhanced
amount Rs.50,000/- towards conventional amount shall be
paid by the both the Insurance Company jointly and
severely. Whereas, the remaining enhanced amount i.e.
Rs.1,31,450/-, shall be paid by Oriental Insurance
Company i.e. respondent no.5 with whom the truck of the
deceased was insured.
11. The enhanced amount shall carry interest at the rate of
6%. The Tribunal shall disburse the amount without
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C/FA/2048/2009 ORDER DATED: 14/09/2023
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further investing the amount in the FDR. Decree be drawn
accordingly.
(ILESH J. VORA,J)
Rakesh
