Gujarat High Court
United India Insurance Co Ltd vs Navinbhai Virabhai Damor on 16 April, 2024
Author: Gita Gopi
Bench: Gita Gopi
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C/FA/4561/2019 ORDER DATED: 16/04/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4561 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In
R/FIRST APPEAL NO. 4561 of 2019
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UNITED INDIA INSURANCE CO LTD
Versus
NAVINBHAI VIRABHAI DAMOR & ORS.
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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. 3,4
MS.NIDHI P BAROT(6675) for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 16/04/2024
ORAL ORDER
1. The United India Insurance Co. Ltd. has
challenged the judgment and award passed in MACP
No.595 of 2010 on 19.01.2019 by the Motor
Accident Claims Tribunal (Main), Dahod.
2. The main ground inter alia raised is
that the learned Tribunal has committed error in
granting excess amount of Rs.80,000/- by not
following the ratio laid down in the case of
Kishan Gopal And Another Vs. Lala And Others,
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reported in 2013 ACJ 2594, to grant the
compensation by considering the ratio of
assessing the notional income of the deceased as
Rs.30,000/-, and ought to have granted
compensation accordingly.
3. On 27.09.2010, the minor Sanjaykumar,
studying in 10th standard, was on his way to
school and was standing on the road near the
school. At that time, opponent no.1 came rashly
and negligently by driving Tempo No.GJ-20 T-3488
and dashed the minor, whereby he sustained
grievous injuries and was taken to the hospital
at Dahod; however, succumbed to death during the
treatment.
4. Mr. G.C. Mazmudar, learned advocate for
the appellant - insurance company submitted that
as per the statement before the police, the
deceased was shown to be studying in standard 10,
and the age reflects as 16, while the B.P.L. card
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shows him of the age of 15 years. Mr. Mazmudar
submitted that considering his school information
as studying in standard 10, then he would be of
15 years at the time of accident.
4.1 Advocate Mr. G.C. Mazmudar has provided
photo copy of the B.P.L. card and the 'Mahiti
Patrak' before the investigator appointed by
Company.
4.2 Advocate Mr. G.C. Mazmudar submitted
that the ratio laid down in case of Kishan Gopal
And Another Vs. Lala And Others (supra) requires
consideration. Mr. Mazmudar submits that the
ratio laid down has been reaffirmed in the case
of Meena Devi Vs. Nunu Chand Mahto @ Nemchand
Mahto, reported in 2022 ACJ 2478.
5. When the matter was called out, Advocate
Ms. Nidhi. P. Barot did not appear.
6. In Kishan Gopal And Another Vs. Lala And
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Others (supra), the Hon'ble Supreme Court by
referring the facts of the case of minor aged
about 10 years, had considered the notional
income as Rs.30,000/- by applying multiplier of
15, considered Rs.4,50,000/- as dependency loss
and Rs.50,000/- has been considered under the
conventional heads for loss of love and
affection, funeral expense and last rites, as was
held in General Manager, Kerla State Road
Transport Corporation Vs. Susamma Thomas,
reported in 1994 ACJ 1 (SC), which is referred to
in Lata Wadhwa and Ors. Vs. State of Bihar and
Ors., reported in (2001) 1 Supreme Court Cases
197.
7. In Meena Devi Vs. Nunu Chand Mahto @
Nemchand Mahto (supra), the child died in a road
accident was aged about 12 years. The Hon'ble
Apex Court after applying the ratio laid down in
case of Kurvan Ansari @ Kurvan Ali & Another Vs.
Shyam Kishore Murmu And Another, reported in
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(2022) 1 SCC 317, and the principle laid down in
Kishan Gopal And Another Vs. Lala And Others
(supra), accepting the notional earning of
Rs.30,000/- including the future prospect and by
applying the multiplier 15, in view of the
decision in Sarla Verma and Others vs. Delhi
Transport Corporation and Another, reported in
AIR 2009 SC 3104, the loss of dependency was
assessed as Rs.4,50,000/-, and further
Rs.50,000/- was added in conventional head, and,
thus total compensation of Rs.5,00,000/- was
granted.
8. This Court considers that the present
matter in which the age of deceased minor was 15
years at the time of accident, should be placed
at the same pedestal, as has been observed in
case of Kishan Gopal And Another Vs. Lala And
Others (supra) and Meena Devi Vs. Nunu Chand
Mahto @ Nemchand Mahto (supra). The notional
earning of the child including the future
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prospect is required to be considered as
Rs.30,000/- and by applying multiplier of 15 as
laid down in Sarla Verma and Others vs. Delhi
Transport Corporation and Another (supra), the
loss of dependency is required to be assessed as
Rs.4,50,000/-, and Rs.50,000/- is required to be
granted under conventional head and, thus this
Court considers that, in total, compensation of
Rs.5,00,000/- would be an equitable, just and
reasonable compensation for the claimants -
parents.
9. The Tribunal has granted Rs.5,80,000/-
as total compensation. Rs.80,000/- (5,80,000 -
5,00,000) is excess compensation, and therefore
the award requires to be modified, as the
claimant would be entitled to receive
Rs.5,00,000/- as total compensation. It is made
clear that the said amount of Rs.5,00,000/- be
paid to the claimants after deducting interest
from the period of 12.09.2014 to 01.01.2019 as
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per the judgment of the Tribunal. If the amount
is deposited as per Tribunal award, then the
amount of Rs.80,000/- be returned back to the
Insurance Company with the accrued interest
thereupon.
10. In the result, the appeal is partly
allowed. The impugned judgment and award dated
19.01.2019 passed by Motor Accident Claims
Tribunal (Main), Dahod in M.A.C.P. No.595 of 2010
stands modified to the aforesaid extent. No order
as to costs. Record & Proceedings be sent back to
the concerned tribunal.
11. Civil Application stands disposed of
accordingly.
11.1 Record and Proceeding, if any, be sent
back to the concerned Court forthwith.
(GITA GOPI,J)
Pankaj
