Gujarat High Court
Patel Laxmiben Wd/O Dahyabhai Lalabhai vs Puhi Mahendrasingh Puransingh on 7 February, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/4417/2022 JUDGMENT DATED: 07/02/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4417 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI Sd/-
================================================================
1 Whether Reporters of Local Papers may be allowed to see No
the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the No
judgment ?
4 Whether this case involves a substantial question of law as No
to the interpretation of the Constitution of India or any
order made thereunder ?
================================================================
PATEL LAXMIBEN WD/O DAHYABHAI LALABHAI
Versus
PUHI MAHENDRASINGH PURANSINGH
================================================================
Appearance:
MR AV PRAJAPATI(672) for the Appellant(s) No. 1,2
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1
================================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 07/02/2024
ORAL JUDGMENT
1. By way of this Appeal, the Appellants-claimants have
challenged the judgment and award dated 27.08.2019
NEUTRAL CITATION
C/FA/4417/2022 JUDGMENT DATED: 07/02/2024
undefined
passed by the learned Motor Accident Claims Tribunal
(Auxi.), Mahesana at Visnagar in M.A.C.P. No.156 of
2013.
2. The facts giving rise to the present Appeal can be put
succinctly as under :-
On 05.12.2013, the deceased - Dahyabhai Lalabhai
was driving his truck bearing Registration No.GJ-2-V-
4684 from Harikrupa Transport to Ahmedabad. At
that time, one Truck bearing Registration No.GJ-1-
AZ-8036 came from Maruti Way Bridge in a rash and
negligent manner and dashed the Truck of the
deceased. The deceased fell down, the tyre of the
truck rolled over the body of the deceased and as a
result of the serious injuries received, the deceased
expired.
3. Learned Advocate for the appellants Mr. A.V.
Prajapati submitted that the deceased was travelling
as the owner of the Truck and inspite of this fact,
the learned Tribunal has not considered the income
in its right perspective. It is further submitted that
the learned Tribunal could have taken the assistance
NEUTRAL CITATION
C/FA/4417/2022 JUDGMENT DATED: 07/02/2024
undefined
of the Minimum Wages Schedule to consider the
deceased to be a skilled person and could have
granted the income accordingly instead of considering
the notional income of Rs.3,000/-. It is further
submitted that the consortium loss was required to be
granted to both the claimants, who are the widow
and son of the deceased, as per the decision of the
Hon'ble Apex Court in the case of Magma General
Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram
reported in (2018) 18 SCC 130.
4. Learned Advocate for the respondent - Insurance
Company Ms. Kirti S. Pathak submitted that the
income of Rs.3,000/- per month has been assessed as
no cogent evidence was produced on record to
substantiate the factum of the earning of the deceased
@ Rs.15,000/- per month and hence, the learned
Tribunal has assessed the income keeping in mind the
economy of the year 2013. It is further submitted
that the claimant-widow has been granted consortium
loss and hence, no interference is warranted with the
judgment and award of the learned Tribunal.
NEUTRAL CITATION
C/FA/4417/2022 JUDGMENT DATED: 07/02/2024
undefined
5. Having heard learned Advocates for the respective
parties, perused the records of the case; it appears
that at the time of his death, the deceased was aged
54 years. It was urged that the deceased was
earning Rs.15,000/- per month from the transport
business. The fact has come on record that he was
driving the truck on the date of the accident and was
having a valid and effective driving License.
However, no evidence has been brought on record to
show the transport business of the deceased but the
fact that could be noted was that the deceased was a
skilled worker and hence, this Court is of the view
that the learned Tribunal could have taken into
consideration the income of the deceased as a skilled
worker on the date of accident. The date of accident
is 05.12.2013 and therefore, the monthly income is
considered as Rs.5,750/-. 10% rise in prospective
income is considered and hence, Rs.575/- is added to
the monthly income and hence, the prospective rise
in income can be said to be Rs.6,325/- (Rs.5,750/- +
Rs.575/-). Annually, the income can be considered as
Rs.75,900/- (Rs.6,325/- x 12 months). As there are
two dependents, one third amount is required to be
NEUTRAL CITATION
C/FA/4417/2022 JUDGMENT DATED: 07/02/2024
undefined
deducted. Hence, the monthly dependency would
come to Rs.50,600/- (Rs.75,900/- minus dependency
@ 1/3, i.e. Rs.25,300/-). Applying the multiplier of
11, the future dependency loss would come to
Rs.5,56,600/-.
6. The consortium loss is required to be granted to the
son as well as the widow of the deceased. Hence, an
amount of Rs.80,000/- is granted towards consortium
loss (Rs.40,000/- x 2 claimants).
7. The learned Tribunal has considered Rs.15,000/- each
under the heads of Loss of Estate and Funeral
Expenses.
8. Thus, the computation can be made as under :-
Details Amount (Rs.)
Future Dependency Loss 5,56,600/-
Loss of Consortium 80,000/-
Loss of Estate 15,000/-
Funeral Expenses 15,000/-
TOTAL AMOUNT 6,66,600/-
NEUTRAL CITATION
C/FA/4417/2022 JUDGMENT DATED: 07/02/2024
undefined
9. The learned Tribunal has awarded an amount of
Rs.3,60,400/- with rate of interest @ 9% per annum,
which the respondent/s are liable to deposit, with the
enhanced amount as Rs.3,06,200/- (Rs.6,66,600/-
minus Rs.3,60,400/-). In the result, the present
respondent/s are directed to deposit the amount
within a period of EIGHT (8) WEEKS from the date
of receipt of writ of the order of this Court. It is
further directed that the claimants would be entitled
to receive the enhanced compensation @ 7.5% per
annum from the date of the application.
10. From the said amount, 80% of the amount be
given to the claimants on verification of their
identities in the proportion as declared by the learned
Tribunal. The remaining 20% be deposited in a Fixed
Deposit Receipt (FDR) with any nationalized Bank, for
a period of two years. The FDR shall be handed
over to the claimants. Interest accruing on such FDR
shall be accumulated. After two years, the total
amount be given to the claimants, without any
reference to the Court.
NEUTRAL CITATION
C/FA/4417/2022 JUDGMENT DATED: 07/02/2024
undefined
11. In view of the above, the Appeal is allowed and
the judgment and award dated 27.08.2019 passed by
the learned Motor Accident Claims Tribunal (Auxi.),
Mahesana at Visnagar in M.A.C.P. No.156 of 2013
stands modified to the above extent. Record and
proceedings, if any, be sent back to the concerned
Court / Tribunal forthwith.
Sd/-
(GITA GOPI, J)
CAROLINE
