Gujarat High Court
Kishorbhai Pragjibhai Dubal vs Driver Of Luxury Bus No. Gj - 18 - V - ... on 22 September, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
C/FA/2585/2007 ORDER DATED: 22/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2585 of 2007
With
R/FIRST APPEAL NO. 2483 of 2008
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KISHORBHAI PRAGJIBHAI DUBAL & 4 other(s)
Versus
DRIVER OF LUXURY BUS NO. GJ - 18 - V - 3013. & 2 other(s)
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Appearance:
MR SHAKEEL A QURESHI(1077) for the Appellant(s) No. 1,2,3,4,5
MR HS MUNSHAW(495) for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 22/09/2023
COMMON ORAL ORDER
1. Since both the appeals arise out of common judgment and award
passed by the claim Tribunal, Gondal at Rajkot, they are being
disposed of by this common judgment and order.
2. On 06.07.1998, there was an accident between Luxury Bus and Bus
belonged to S.T. Corporation, as a result of which, two women
namely Madhuben K. Dubal and Kamlaben Soneri lost their lives.
Both the deceased were travelling in a S.T. Bus. The legal heirs of
the both the deceased had preferred two different claim petitions
namely MACP 516 of 1998 and 517 of 1998 before the claim
Tribunal at Gondal, Dist.: Rajkot. The claim Tribunal vide its
common judgment and award dated 17.03.2005, by partly allowing
both the petitions, award Rs.1,64,000/- (516 of 1998) and
Rs.2,00,000/- (517 of 1998) with interest at the rate of 9%.
NEUTRAL CITATION
C/FA/2585/2007 ORDER DATED: 22/09/2023
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3. Being dissatisfied with the aforesaid common judgment and award,
the original claimants of both the claim petitions have preferred
above appeals under Section 173 of the Motor Vehicles Act.
4. Ms. Reshma, learned counsel for Shakeel Qureshi, learned advocate
appearing for the appellants has submitted that, the compensation
awarded in both the cases are on lower side and learned Tribunal
without considering the future prospective income, decided the
amount of dependency loss and therefore, case is made out for
modification of the amount of compensation.
5. On the other hand, Mr. H.S. Munshaw, 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.
6. In the case of deceased Madhuben K. Dubal, (First Appeal No. 2585
of 2007), the learned Tribunal, after considering the monthly income
of Rs.1500/- and by applying 12 multiplier has awarded the sum of
Rs. 1,64,000/- . In that view of the matter, this Court is of considered
view that, the learned Tribunal failed to appreciate the principles laid
down in the case of Arunkumar Agarwal (2010 ACJ 2161 SC),
wherein, it was observed that, the Courts have to recognize the
contribution made by the wife and/or mother to the house is
invaluable and cannot computed in terms of money and in that
context, the term 'service' is required to be given a broad meaning
and must be construed by taking into account the loss of personal
NEUTRAL CITATION
C/FA/2585/2007 ORDER DATED: 22/09/2023
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care and attention given by the deceased to her children as a mother
and to the husband as a wife and therefore, adequate compensation
shall have to be awarded in lieu of the loss of gratuitous services
rendered by the wife and/or mother.
In light of the observations made by the Apex Court and
considering the peculiar facts and circumstances of the present
case, the amount awarded to the legal heirs of the deceased
Madhuben is required to be modified and accordingly, the total
compensation payable to the claimants is computed below :
Dependency Loss: 4,72,500/-(Monthly income Rs.2500
+40%(1000) = 3500-1/4th =2625X12
X15= 4,72,500/-
Conventional amount : 70,000
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Total 5,42,500/-
Total enhanced compensation amount 3,78,500/- (5,42,500-
1,64,000)
7. In the case of deceased Kamlaben Soneri (First Appeal No2483 of
2008), the learned Tribunal, after considering the monthly income of
Rs.1500/- and applying 15 multiplier has awarded the sum of
Rs.2,00,000/-. In that view of the matter, this Court is of considered
view that, the learned Tribunal failed to appreciate the principles laid
down in the case of Arunkumar Agarwal (Supra), wherein, it was
observed that, the Courts have to recognize the contribution made by
the wife and/or mother to the house is invaluable and cannot
computed in terms of money and in that context, the term 'service' is
required to be given a broad meaning and must be construed by
taking into account the loss of personal care and attention given by
NEUTRAL CITATION
C/FA/2585/2007 ORDER DATED: 22/09/2023
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the deceased to her children as a mother and to the husband as a wife
and therefore, adequate compensation shall have to be awarded in
lieu of the loss of gratuitous services rendered by the wife and/or
mother.
In light of the observations made by the Apex Court and
considering the peculiar facts and circumstances of the present
case, the amount awarded to the legal heirs of the deceased
Kamlaben is required to be modified and accordingly, the total
compensation payable to the claimants is computed below :
Dependency Loss : 5,04,000/- (Monthly income Rs.2500+
40%(1000) = 3500-1/4th=2625X12 X16
= 5,04,000/-
Conventional amount : 1,50,000 (30000X4 + 15000 loss to
estate + 15000 Funeral Exps.)
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Total 6,54,000/-
Total enhanced compensation amount 4,54,000/- (6,54,0000-
2,00,000)
9. In view of the above, the present appeals are allowed in part. The
appellants - claimants of First Appeal No. 2585 of 2007 is entitled
for the enhanced amount of compensation of Rs. 3,78,500/- and the
appellants - claimants of First Appeal No. 2483 of 2008 are entitled
for the enhanced amount of compensation of Rs. 4,54,000/- The
enhanced amount in both the cases shall carry the interest @ 6%
from the date of applications till its realization. The respondent S.T.
Corporation is directed to deposit the said enhanced amount within a
NEUTRAL CITATION
C/FA/2585/2007 ORDER DATED: 22/09/2023
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period of three months. Decree be drawn accordingly. The tribunal
shall disburse the entire enhanced amount without making further
investment in FDR.
(ILESH J. VORA,J)
P.S. JOSHI
