Gujarat High Court

Ushaben Rameshbhai Jadav vs Arifbhai Iamailbhai Vahora on 2 August, 2024

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     C/FA/1283/2024                                JUDGMENT DATED: 02/08/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 1283 of 2024


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE SANDEEP N. BHATT

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1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                      USHABEN RAMESHBHAI JADAV & ANR.
                                     Versus
                      ARIFBHAI IAMAILBHAI VAHORA & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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    CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                               Date : 02/08/2024

                              ORAL JUDGMENT

1. The present First Appeal, under Section 173 of

Motor Vehicles Act, 1988, is preferred by the appellant/s -

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original claimant/s - legal heirs of the deceased - Vijaybhai

Rameshbhai Jadav, being aggrieved by and dissatisfied with

the impugned judgment and award dated 30.11.2022 passed

by the Motor Accident Claims Tribunal (Main), Anand in

Motor Accident Claim Petition No.140 of 2019, by which the

Tribunal has awarded compensation of Rs.8,66,000/- with 9%

per annum interest to the claimant/s, holding Opponents No.1

to 3 i.e. driver, owner and insurance company of the Bolero

Pickup bearing registration No.GJ-23-Y-5258 liable, jointly and

severally.

2. Brief facts of the case are as under:

2.1 That on 07.03.2019 at about 12:45 hours in the

noon, deceased - Vijaybhai Rameshbhai Jadav was going on

Motorcycle bearing registration No.GJ-23-AR-9604 on

Jahangirpura Vaghasi Road for performing his service at

Gallops Food Plaza. He was riding the motorcycle slowly and

on correct side of the road. When he reached at the Bavri

Sim Area of Village Jahangirpura, near Small Canal, at that

time, driver of four wheeler Bolero Pickup bearing

registration No.GJ-23-Y-5258 came with four wheeler in rash

and negligent manner and in excessive speed and dashed

with the motorcycle. Due to that, the deceased sustained

serious injuries. He was shifted to the Civil Hospital,

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Ahmedabad. Ultimately, he succumbed to the injuries.

Therefore, the appellants - claimants i.e. mother and brother

have filed claim petition seeking compensation of Rs.15 lakhs

with cost and interest against the present respondents before

the Tribunal.

2.2 Notices were served to the opponents. All the

opponents i.e. opponents No.1 to 3 - driver, owner &

insurance company have appeared and filed their written

statements / objections by disputing all the averments made

by the claimant in the claim petition.

2.3 The Tribunal has framed the issues. The oral as

well as documentary evidence were led by the rival parties

before the Tribunal. After considering the documentary as

well as oral evidence and submissions made at the bar, the

Tribunal has partly allowed the claim petition by awarding

compensation as noted above.

2.4 Being aggrieved and dissatisfied with the impugned

judgment and award passed by the Tribunal, the present

appeal is preferred by the claimant/s for enhancement.

3.1 Learned advocate Mr.Nishit Bhalodi for the

appellant/s - claimant/s has submitted that the Tribunal has

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committed an error in not properly calculating the amount of

compensation. He has submitted that amount of award is on

lower side as the Tribunal has not properly considered the

various aspects; like minimum wage prevailing at the

relevant point of time, loss of consortium and family

circumstances, etc. He has submitted that the deceased was

aged about only 22 years at the time of accident and was

doing service in Food Plaza i.e. unskilled labourer. He has

submitted that at the relevant point of time, his monthly

income was Rs.8,118/- as per the rates of minimum wages

prevailing in the State and as per the Minimum Wages Act

for the unskilled labourer in view of the decision of the

Hon'ble Apex Court in the case of Govind Yadav versus

National Insurance Company Limited reported in 2012 ACJ

28 (SC). He has fairly submitted that the learned Tribunal

has rightly considered the prospective income, deduction of

personal expenses looking to the age of the deceased and

dependents and multiplier. He has submitted that therefore,

considering the loss of dependency, it would be calculated as

Rs.8,118/- as monthly income plus 40% prospective income

minus 1/2 as personal expenses multiplied by 12 months

and multiplied by 18 multiplier would come to Rs.12,27,312/-

total future loss, which should be awarded to the claimants

by the learned Tribunal.

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3.2 He has further submitted that considering the

general and non-pecuniary damages, the learned Tribunal

should award Rs.18,150/- each towards loss of estate and

funeral expenses. He has also submitted that towards loss of

consortium, there are ten dependents and therefore, it would

be awarded Rs.48,400/- to each as per the decision of the

Hon'ble Apex Court in the case of United India Insurance

Co. Ltd., versus Satinder Kaur @ Satwinder Kaur reported in (2021) 11 SCC 780.

3.3 He has submitted that the compensation is

required to be enhanced by modifying the award impugned

accordingly and this appeal may be allowed.

4. Per contra, Ms. Kirti Pathak, learned advocate for respondent - Insurance Company has submitted that the

impugned judgment and award passed by the Tribunal is just

and proper. The Tribunal has rightly considered the income

of the deceased, the age of the deceased, the dependency and

future aspect of income. She has submitted that under the

head of loss of estate and funeral expenses, the Tribunal has

rightly awarded compensation. She has submitted that the

amount under the head of loss of consortium is just and

proper. She has submitted that this appeal may be dismissed

and no interference be made by this Court.

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5. It is noteworthy to mention that the provisions of

the Motor Vehicles Act, 1988 which gives paramount

importance to the concept of 'just and fair' compensation. It

is a beneficial legislation which has been framed with the

object of providing relief to the victims or their families.

Section 168 of the Motor Vehicles Act deals with the concept

of 'just compensation' which ought to be determined on the

foundation of fairness, reasonableness and equitability.

Although such determination can never be arithmetically

exact or perfect, an endeavor should be made by the Court

to award just and fair compensation irrespective of the

amount claimed by the claimants.

6.1 I have considered the submissions made by the

rival parties. I have perused the record and proceedings of

the Tribunal. I have gone through the impugned judgment

and award passed by the Tribunal. From the record, it

transpires that the Tribunal has considered the age of the

deceased as 22 years and was working in Food Plaza as

Unskilled Labourer and his monthly income was Rs.8,118/-

at the relevant point of time, as per the minimum wage

prevailing in the State of Gujarat for Unskilled Labourer,

keeping in mind the ratio laid down by the Hon'ble Apex

Court in the case of Govind Yadav (supra). It is required to

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be noted that on one hand, the Tribunal has observed that

the deceased was unskilled labourer and on the other hand,

the Tribunal has failed to consider the minimum wage

prevailing in the State of Gujarat at that time. The Tribunal

has committed an error to that extent only, which is required

to be corrected in this appeal. Therefore, looking to the

minimum wages prevailing in the State of Gujarat at the

relevant time, it should be considered as monthly income of

the deceased. Hence, it would be Rs.8,118/- per month as

minimum wage of a unskilled labourer and by adding 40%

prospective income, as calculated by the learned Tribunal, it

would come to Rs.3,247/- and therefore, total income comes to

Rs.11,365/- per month. Since the deceased is aged about 22

years and was unmarried, 1/2 would be proper to be

deducted as personal expenses and therefore, it would come

to Rs.5,683/-. Hence, the income would come to Rs.5,682/- per

month and therefore, yearly, it would come to Rs.68,184/- and

applying 18 multiplier as per the schedule of the Motor

Vehicles Act as well as the ratio laid down by the Hon'ble

Apex Court in the case of Sarla Verma versus Delhi

Transport Corporation reported in (2009) 6 SCC 121, it would

come to Rs.12,27,312/- as future loss, which is required to be

awarded to the claimants.

6.2 Further, considering the ratio laid down by the

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Hon'ble Apex Court in the case of Pranay Shethi (supra), as

general and non-pecuniary damages, under the head of loss of

estate and funeral expenses, if we award Rs.18,150/- and

Rs.18,150/-, respectively, which would be the just and proper

compensation.

6.3 Further, there are two dependents to the deceased.

Therefore, as per the decision of the Hon'ble Apex Court in

the case of United India Insurance Co. Ltd., versus Satinder

Kaur @ Satwinder Kaur reported in (2021) 11 SCC 780, Rs.40,000/- consortium to each dependent and 10% rise, which

comes to Rs.48,400/- as consortium to each dependent, which

total comes to Rs.96,800, which should be awarded to the

claimants.

6.4 Therefore, total compensation would be as under,

which the claimant/s is/are entitled to get.

                        Particulars                        Amount (Rs.)

  Future Loss of Income                                          12,27,312/-

  Loss of Estate                                                      18,150/-

  Funeral Expenses                                                    18,150/-

  Loss of consortium                                                  96,800/-

                                                Total...           13,60,412/-







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      C/FA/1283/2024                            JUDGMENT DATED: 02/08/2024

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     Less : Amount which is already awarded                       8,66,000/-

               Additional amount which is awarded                 4,94,412/-

7. Therefore, I hold that the claimant/s are entitled

to get the total amount of compensation of Rs.13,60,412/-

with 9% p.a. interest from the date of filing the claim

petition till its realisation, which would meet the ends of

justice. Rest of the direction(s) of the Tribunal remain same.

The Tribunal has already awarded Rs.8,66,000/-, therefore,

remaining amount of Rs.4,94,412/- would be the enhanced

amount of compensation payable to the claimant/s.

8. For the reasons recorded above, the following order

is passed.

8.1 The present appeal is partly allowed.

8.2 The Insurance Company is directed to deposit the