Gujarat High Court
Jashiben Wd/O Rameshji ... vs Purani Girishkumar Manilal on 18 September, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
C/FA/4043/2009 ORDER DATED: 18/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4043 of 2009
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JASHIBEN WD/O RAMESHJI KADWAJITHAKOR & 4 other(s)
Versus
PURANI GIRISHKUMAR MANILAL & 4 other(s)
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Appearance:
MR. YOGENDRA THAKORE(3975) for the Appellant(s) No. 1,2,3,4,5
MR ATIT D THAKORE(5290) for the Defendant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 5
MR VIJAY H NANGESH(3981) for the Defendant(s) No. 4
MS KARUNA V RAHEVAR(3818) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 18/09/2023
ORAL ORDER
1. Being dissatisfied with the quantum of compensation
awarded by the tribunal at Mahesana (MACP No.678 of
2006), the original claimants have preferred the present
appeal seeking enhancement of compensation.
2. Deceased Rameshji Thakor aged about 35 years old died
in a road accident. On 21.07.2006, deceased sustained
fatal injuries on account of collision of Maruti Van and
Mini Luxury Bus. The deceased being an occupier of the
car, sustained fatal injuries and died on the spot. The
appellants-original claimants being legal heirs had filed
claim petition, before the tribunal at Mahesana against
the driver, owner and insurance company of the vehicles
involved. The tribunal vide its judgment and award dated
NEUTRAL CITATION
C/FA/4043/2009 ORDER DATED: 18/09/2023
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03.02.2009, came to conclusion that, the driver of both
the vehicles were negligent in causing the accident and
accordingly, the driver of the maruti van held negligent to
the extent of 40%, whereas, the driver of the luxury bus
was held negligent to the extent of 60%. On the aspect
of quantum, the tribunal determined the monthly income
of Rs.1500/- and accordingly, awarded Rs.1,80,000/-.
3. Being aggrieved by the judgment and award, the original
claimants have preferred the present appeal under
Section 173 of the Motor Vehicle Act.
4. This Court has heard learned counsel Mr. Y.M. Thakore,
Mr. Vibhuti Nanavati and Ms. Karuna Rahevar for the
respective parties.
5. The issue arise is to whether the compensation
determined by the tribunal needs any interference?
6. Mr. Yogendra Thakore, learned counsel for the claimants
has submitted that, the tribunal has not awarded the just
compensation and has ignored the settled preposition of
law while determining the income of the deceased and
therefore, case is made out for modification of the award.
7. On the other hand, Mr.Vibhuti Nanavati and Ms. Karuna
Rahevar, learned counsel for the respective insurance
companies have submitted that, the findings recorded on
the issue of compensation does not require any
interference and in absence of any evidence of the
NEUTRAL CITATION
C/FA/4043/2009 ORDER DATED: 18/09/2023
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income, the tribunal has rightly determined the monthly
income and therefore, no ground is made out to interfere
with the judgment and award.
8. Having heard the learned counsel for the respective
parties and on perusal of the case records, it appears
that, the tribunal has not followed the various guidelines
issued by the Apex Court regarding principles of
standardization, determination of dependency loss. Thus,
considering the recent judgment delivered by the
Constitutional Bench (Pranay Sethi), the amount of
dependency loss require to be modified. The total
compensation payable to the claimants is computed
below:
1. Dependency loss: Rs.5,04,000/-(Rs.2500 income +
Rs.1000/- future rise and after ¼th deduction and applying
multiplier of 16, the total amount comes to Rs.5,04,000/-)
2. Conventional amount: Rs.2,30,000/- (Rs.15,000+Rs.15,000/-
and Rs.40,000/- per person)
Total enhanced amount Rs.7,34,000/-
(the awarded amount is Rs.2,18,000/-)
(enhanced amount of compensation is Rs.5,16,000/-)
9. In view of the above, the present appeal is allowed in
part. The claimants are entitled for the enhanced amount
of compensation of Rs.5,16,000/-. The enhanced amount
shall carry the interest @ 6% from the date of application
till its realization. The insurance companies shall deposit
the enhanced amount within a period of two months in
the ratio of 60:40 as determined by the tribunal. Decree
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C/FA/4043/2009 ORDER DATED: 18/09/2023
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be drawn accordingly. The tribunal shall disburse the
entire enhanced amount without making further
investment in FDR.
(ILESH J. VORA,J)
TAUSIF SAIYED
