Gujarat High Court
New India Assurance Co Ltd vs Bhogilal Jadavjibhai ... on 25 September, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
C/FA/153/2009 ORDER DATED: 25/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 153 of 2009
==========================================================
NEW INDIA ASSURANCE CO LTD
Versus
BHOGILAL JADAVJIBHAI MISTRI(SUTHAR) & 4 other(s)
==========================================================
Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
for the Defendant(s) No. 4,5
MR MOHSIN M HAKIM(5396) for the Defendant(s) No. 2,3
SERVED BY AFFIX. (R) for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 25/09/2023
ORAL ORDER
1. This appeal is filed under Section 173 of the Motor Vehicles Act,
1988 by the New India Assurance Co. Ltd, assailing the judgment
and award dated 04.08.2008 in Claim Petition No. 794 of 1994
passed by the Claim Tribunal at Vadodara.
2. Deceased Dharmesh Bhogilal aged about 24 years old met with an
accident on 11.03.1999, when, the bike upon which he was riding
dashed with the involved truck, as a result, the deceased as well as
two other persons succumbed to their injuries in the hospital. The
respondents original claimant herein had filed the above claim
petition before the Tribunal at Vadodara claiming compensation an
amount of Rs.12,00,000/- against the offending truck and its
insurance company. The Tribunal, after considering the avocation
of the deceased, determined Rs.7000/- monthly income and after
NEUTRAL CITATION
C/FA/153/2009 ORDER DATED: 25/09/2023
undefined
deducting 1/3rd from it, and applying multiplier of 14, awarded
Rs.7,84,056/- under the head of dependency loss and in addition to
that, an amount of Rs.25,000/- awarded under the conventional
head.
3. The Insurance Company, the appellant herein, being dissatisfied
with the said judgment and award has preferred present appeal,
inter-alia, stating that, the award is excessive and on higher side
and without any evidence of the income, the Tribunal, assesses
monthly Rs.7000/- which the Tribunal could not have determined.
4. Mr. M.G. Majmudar, learned counsel appearing for the Insurance
Company has stated that, the Tribunal has materially erred in
awarding the amount of compensation as there is no evidence
adduced by the respondent so far income of the deceased is
concerned and therefore, the amount is excessive and requires
modification by this Court.
5. Though served, none is appearing for the respondent claimant.
6. Having heard the learned counsel for the appellant and on perusal
of the material placed on record, the issue arises for determination
is to whether the impugned judgment and award is excessive and
requires reduction?
7. The factum of accident and the other issues like age, number of
legal heirs are not in dispute. The deceased was in a field of
making furniture as well as doing fall ceiling work. Generally, for
NEUTRAL CITATION
C/FA/153/2009 ORDER DATED: 25/09/2023
undefined
such kind of works, it is difficult for the legal heirs of the deceased
to obtain the proof of the income and therefore, the job of the
Tribunal is to determine a just compensation keeping in mind the
reality of the society. In such circumstances, the Tribunal has not
committed any error while determining the monthly income of
Rs.7000/-. Considering the case of Sarla Verma, the Constitutional
Bench of the Apex Court in a case of Pranay Shathi, laid down the
criteria for deciding the dependency loss. If we compare the criteria
laid down in case of Pranay Shathi, then the award is on lower side.
Thus, therefore, this Court is satisfied that the impugned judgment
and award is just, equitable and reasonable. Consequently, the
present appeal is dismissed being devoid of any merits. The award
passed by the Tribunal is upheld. The amount lying with the
Tribunal shall disburse to the respondent claimants immediately.
Decree be drawn accordingly.
(ILESH J. VORA,J)
P.S. JOSHI
