Mustakmiya Hasumiya Bhatti vs Natwarbhai Manibhai Patel
2023 Latest Caselaw 6942 Guj

                                                                                 NEUTRAL CITATION




     C/FA/1277/2010                               ORDER DATED: 20/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1277 of 2010

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                MUSTAKMIYA HASUMIYA BHATTI & 2 other(s)
                              Versus
                NATWARBHAI MANIBHAI PATEL & 5 other(s)
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Appearance:
MR R.K.MANSURI(3205) for the Appellant(s) No. 1,2,3
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2,3,5,6
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 20/09/2023

                               ORAL ORDER

1. Being dissatisfied with the quantum of compensation awarded by the tribunal at Himmatnagar (MACP No.1248 of 2001), the original claimants have preferred the present appeal seeking enhancement of compensation.

2. Deceased Rakikmiya Bhati, aged about 22 years old died in a road accident which took place on 08.08.2001. The deceased being a pillion of the scooter, which was hit by the offending tanker sustained fatal injuries and died on the spot. The appellants being parents and brother, had filed a claim petition before the tribunal at Sabarkantha, Himmatnagar. The claim tribunal vide its judgment and award dated 18.05.2009, holding the driver of the scooter responsible, and after considering the monthly income of Rs.2000/- and applying multiplier of 5, awarded Rs.1,33,000/- as total amount of compensation.

                                                                           NEUTRAL CITATION




    C/FA/1277/2010                         ORDER DATED: 20/09/2023

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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.K. Mansuri and Mr. Dakshesh Mehta for the respective parties.

5. The issue arise is to whether the amount of compensation as determined by the tribunal needs any interference?

6. Mr. Mansuri, learned counsel for the appellants has submitted that, the judgment and award is contrary to the settled principles and preposition of law. He further submitted that instead of taking into consideration the age of the deceased, the tribunal has wrongly took cognizance of the age of the parents and therefore, case is made out for modification of compensation awarded by the tribunal.

7. On the other hand, Mr. Dakshesh Mehta, learned counsel for the insurance company has 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 Rafikbhai Bhati aged about 22 years and was working as a welder, earning monthly Rs.3000/-. The learned tribunal did not have consider the prospective income of the deceased while determining the amount of dependency loss. On analysis of the impugned judgment and award, this Court is of considered

NEUTRAL CITATION

C/FA/1277/2010 ORDER DATED: 20/09/2023

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view that, the consideration of the age of the parents for selection of multiplier is erroneous and therefore, it is apparent that, 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.4,53,600/-(Rs.3000 monthly income+ Rs.1200 prospective income = Rs.4200/- and after deducting ½, the dependency loss comes to Rs.2100 and applying multiplier of 18, the total loss would come to Rs.4,53,600/-.)

2. Conventional amount: Rs.1,10,000/- (Rs.80,000+ Rs.30,000)

Total enhanced amount Rs.4,30,600/-(Rs.5,63,600-Rs.1,33,000)

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.4,30,600/-. The enhanced amount shall carry the interest @ 6% from the date of application till its realization. The insurance company shall deposit the enhanced amount within a period of two months. Decree be drawn accordingly. The tribunal shall disburse the entire enhanced amount without making further investment in FDR.

(ILESH J. VORA,J) TAUSIF SAIYED