Gujarat High Court
Manguben Dayabhai Baraiya vs Dipakbhai Bhikhabhai Gohel on 12 February, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/3775/2019 ORDER DATED: 12/02/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3775 of 2019
==========================================================
MANGUBEN DAYABHAI BARAIYA
Versus
DIPAKBHAI BHIKHABHAI GOHEL
==========================================================
Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4,5
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 12/02/2024
ORAL ORDER
The Claim Petition MACP 154 of 2011 was raised
before the Motor Accident Claim Tribunal (Aux)
Junagadh. The Tribunal had granted an amount of Rs.
3,79,060/- by judgment dated 2.8.2017.
2. The main ground inter alia raised is that the learned
Tribunal has committed error in not following the ratio
laid down in the case of Kishan Gopal And Another Vs.
Lala And Others, 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 Rs.5,00,000/- as compensation.
3. On 2.4.2011, the minor at about 3:00 clock was
NEUTRAL CITATION
C/FA/3775/2019 ORDER DATED: 12/02/2024
undefined
walking on the side of the Junagadh Sabalpur road near
Star Marbles suddenly truck No. GJ-17X-3547 came in a
a full speed in a rash and negligent manner and dashed
the minor and took the minor in impingement of the rear
part of the truck causing death.
4. Mr. Nishit A.Bhalodi, learned advocate for the
appellants submitted that the ratio laid down in case of
Kishan Gopal And Another Vs. Lala And Others
(supra) requires consideration. Mr. Bhalodi 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. While countering the argument, Mr. G.C Mazmudar,
learned advocate for the respondent submitted that
learned Tribunal after considering the age of the
deceased, following the notional income as approved in
the schedule, has granted the compensation, which is just
and proper.
6. In Kishan Gopal And Another Vs. Lala And 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
NEUTRAL CITATION
C/FA/3775/2019 ORDER DATED: 12/02/2024
undefined
heads for loss of love and affection, funeral expense and
last rites, as was held in General Manager, Kerala 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 ChanIn 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 (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 12 years at the time
NEUTRAL CITATION
C/FA/3775/2019 ORDER DATED: 12/02/2024
undefined
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 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. 3,79,060/- as total
compensation. The additional compensation of Rs
1,20,940/- at the rate of Rs. 7.5% is ordered to be
deposited within 8 weeks from the date of receipt of
certified copy of this order.
10. In the result, the appeal is partly allowed. The
impugned judgment and decree dated 2.8.2017 passed by
the learned Motor Accident Claims Tribunal at Junagadh
in MACP No. 154 of 2011, stands modified to the
aforesaid extent. No order as to costs. Record and
NEUTRAL CITATION
C/FA/3775/2019 ORDER DATED: 12/02/2024
undefined
Proceedings if any, be sent back to the concerned
Tribunal. The enhanced amount be paid to claimant no. 1
the mother. The entire enhanced amount be paid to
claimant no. 1 the mother by A/c payee cheque/NEFT, on
verification of identity.
(GITA GOPI,J)
MARY VADAKKAN
