Gujarat High Court
Jagdishbhai Ratilal Pandya Deceased ... vs Chauhan Jaydevsinh Ghanshyamsinh on 12 February, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/2822/2010 ORDER DATED: 12/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2822 of 2010
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JAGDISHBHAI RATILAL PANDYA DECEASED THROUGH ASHABEN
JAGDI & 3 other(s)
Versus
CHAUHAN JAYDEVSINH GHANSHYAMSINH & 2 other(s)
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Appearance:
MR MEHUL S SHAH(772) for the Appellant(s) No. 1,2,3,4
MR ANAL S SHAH(3988) for the Defendant(s) No. 3
MR BN LIMBACHIA(3454) for the Defendant(s) No. 2
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 12/02/2024
ORAL ORDER
The challenge has been given to the judgment
dated 20.3.2009 passed by Motor Accident Claims
Tribunal (Auxiliary), Dhrangadhra, in M.A.C Petition
No. 97 of 2008.
2. Learned advocate Mr. Jenil Shah submits that
the deceased was aged about 47 years at the time
of accident and was a Principal in a school and was
earning Rs. 15,039/- per month, and stated that
prospective rise income was also required to be
assessed taking into consideration the age of the
NEUTRAL CITATION
C/FA/2822/2010 ORDER DATED: 12/02/2024
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deceased and further stated that the claimants were
four in number, hence, as per Sarla Verma and
Others vs. Delhi Transport Corporation and Another,
reported in (2009) 6 SCC 121, the deduction would be
¼ and multiplier applied would come to 13.
3. Mr. G.C Mazmudar, for the Insurance Company
submitted that the income of Rs. 15,000/- per month has
been assessed by the Tribunal and the personal expense
of 1/3 has been considered, and, thus submitted that the
dependency loss of Rs. 14,40,000/- is just and proper.
Mr. Mazmudar has further submitted that evidence
ought to have been given for raising a ground for an
increment in future to the salary of the deceased. Thus,
stated that the compensation granted is just and
reasonable.
4. The facts of the case giving rise to Motor Accident
Claim Petition as has been raised before the Tribunal is
that on 11.4.2008, the deceased Jagdish Ratilal Pandya
was proceeding on his Motor cycle on a public road. At
that time Qualis no. G J-6-G882 driven by opponent no.1
came in a rash and negligent manner and dashed the
motorcycle. As a result the deceased sustained grievous
injuries and succumbed to death.
5. The deceased at the relevant time was serving as
NEUTRAL CITATION
C/FA/2822/2010 ORDER DATED: 12/02/2024
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teacher in the post of a Principal in the school. His
income was shown as Rs. 15,039/- per month rounding
up, the Tribunal has considered as Rs 15,000/- per
month income. The reliance was placed by the
claimant on the pay slip of the deceased which was of
the year 2008. As per the case of National
Insurance Company Ltd. v. Pranay Sethi and
Ors., AIR 2017 SC 5157, considering the age of the
deceased as 47 years and considering the job of the
deceased permanent in nature 30% rise in
prospective income is required to be considered and
hence, accordingly, Rs. 4,500/- rise is to be added to
the monthly income of Rs. 15,000/- and thus the
monthly income would come to Rs. 19,500/-.
Considering the annual income deducting Rs. 3000/-
as a Income Tax the net yearly income would come to
Rs. 2,31,000/-. The claimants being four in number
as per Sarla verma's case (supra), the deduction
would be ¼ for the personal expenditure and thus
Rs. 57,750/- gets deducted and the yearly income
comes to Rs. 1,73,250/-, applying the multiplier of 13
the dependency loss would come to Rs. 22,52,250/-.
6. The loss to estate and funeral expenses are to be
granted as per Pranay Sethi (supra) and consortium
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C/FA/2822/2010 ORDER DATED: 12/02/2024
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loss is to be granted to the claimants who are widow,
two minors and one aged mother and hence following
the judgment of Magma General Insurance Company
Ltd. Vs. Nanu Ram Alias Chuhru Ram & Ors.,
reported in (2018) SCC 130 [2018 ACJ 2782], each
claimant would receive Rs. 40,000/- and hence the total
amount under the head of consortium loss would come
to Rs. 1,60,000/-. The computation of the compensation is
as under :
Total loss of dependency : Rs. 22,52,250/-
Loss to estate Rs. 15,000/-
Funeral Expenses Rs. 15,000/-
Consortium Loss Rs. 1,60,000/-
Total Rs. 24,42,250/-
7. The Tribunal has considered 10% negligence of the
deceased and hence, from the total amount deducting
10% for the negligence attributed to the deceased the
total compensation would come to Rs.21,98,025/-
(Rs. 24,42,250-2,44,225/-).
8. The Tribunal has granted the amount of Rs
13,06,800/-. The additional amount would come to Rs
8,91,225/- (Rs.21,98,025/-Rs. 13,06,800/-). The enhanced
amount be deposited at the rate of 7.5% within 8 weeks.
9. Out of the amount deposited total amount to be paid
to the claimants no. 1 and 4, on verification of the
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C/FA/2822/2010 ORDER DATED: 12/02/2024
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identity. It is submitted that now the minors have turned
major, let 80% amount be paid to claimants 2 and 3, rest
of the 20% be placed in an FDR for a period of two years
and the interest be accumulated. Thereafter the said
amount be paid to them without reference to the Court.
(GITA GOPI,J)
MARY VADAKKAN
