Gujarat High Court
Mahesh Maganlal Shah vs Keshaji Amraji Thakor on 18 September, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
C/FA/1478/2008 ORDER DATED: 18/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1478 of 2008
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MAHESH MAGANLAL SHAH & 3 other(s)
Versus
KESHAJI AMRAJI THAKOR & 5 other(s)
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Appearance:
MR RC JANI(357) for the Appellant(s) No. 1,2,3,4
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
MR SHASHIKANT S GADE(1706) for the Defendant(s) No. 6
RULE NOT RECD BACK for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
UNSERVED EXPIRED (R) for the Defendant(s) No. 4
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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 Himmatnagar (MACP No.254 of
2000), the original claimants have preferred the present
appeal seeking enhancement of compensation.
2. Deceased Varshaben, wife of appellant no.1 and mother
of appellant no.2 to 4 died in a road accident. On 22.09.1999,
on account of collision between Jeep and alleged truck, the
deceased sustained fatal injuries and died on the spot. The
appellants-original claimants being legal heirs had filed claim
petition, before the tribunal at Himmatnagar, claiming
compensation against joining the driver, owner and insurance
NEUTRAL CITATION
C/FA/1478/2008 ORDER DATED: 18/09/2023
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company of both the vehicles. The tribunal vide its judgment
and award dated 19.07.2006, came to conclusion that, the
case is of composite negligence and drivers of both the
vehicles held equally liable in causing the alleged accident. On
the aspect of quantum, the tribunal determined the monthly
income of the deceased @ Rs.7000/- and accordingly, awarded
Rs.7,35,100/-.
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. R.C. Jani, Mr.
H.G. Majmudar and Mr. Shashikant Gade for the respective
parties.
5. The issue arise is to whether the findings on the issue of
contributory negligence and amount of compensation as
determined by the tribunal needs any interference?
6. Mr. Jani, learned counsel for the appellants has submitted
that, the judgment and award is contrary to the settled
principles and preposition of law. On the aspect of income of
the deceased, he submitted that, the tribunal failed to grant
future rise while determining the dependency loss and ignored
the documentary evidence of the income.
7. On the other hand, Mr. Majmudar and Mr. Gade, learned
counsel for the respective insurance companies have
NEUTRAL CITATION
C/FA/1478/2008 ORDER DATED: 18/09/2023
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submitted that, the amount of compensation awarded is just,
equitable and reasonable and therefore, no grounds are made
out to interfere with the judgment and award.
8. In the facts of the present case, the deceased Varshaben
aged about 42 years old was working partner with the firm
namely M/s. Maganlal Girdharlal and was regularly submitting
the income tax returns. The relevant income tax return
(Exh.59) was placed on record to prove the income of the
deceased and as per this evidence, her annual income was
Rs.99,050/-. Despite of sufficient evidence, the tribunal has
taken into account Rs.7000/- monthly income without
additional of future loss. Thus, therefore, this Court is of
considered view 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.12,08,220/-(Rs.8250 monthly income +
25% rise and after ¼th deduction and applying multiplier of 13, the
total amount comes to Rs.12,08,220/-)
2. Conventional amount: Rs.1,50,000/- (Rs.15,000+ Rs.15,000/- and
Rs.40,000/- for three persons)
Total enhanced amount Rs.13,58,220/-
(the awarded amount is Rs.7,35,100/-)
(enhanced amount of compensation is Rs.6,23,120/-)
NEUTRAL CITATION
C/FA/1478/2008 ORDER DATED: 18/09/2023
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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.6,23,120/-. 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 three months jointly and
severally as determined by the tribunal. Decree be drawn
accordingly. The tribunal shall disburse the entire enhanced
amount without making further investment in FDR.
(ILESH J. VORA,J)
TAUSIF SAIYED
