Gujarat High Court
Champaben Budhabhai Vaghela vs Vijaykumar Rameshbhai Vaghela on 29 January, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/4858/2022 JUDGMENT DATED: 29/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4858 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI Sd/-
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1 Whether Reporters of Local Papers may be allowed to NO
see 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 NO
as to the interpretation of the Constitution of India or
any order made thereunder ?
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CHAMPABEN BUDHABHAI VAGHELA
Versus
VIJAYKUMAR RAMESHBHAI VAGHELA
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 3
MR. RUSHANG D MEHTA(6989) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 29/01/2024
ORAL JUDGMENT
1. The claimants - heirs of deceased have challenged the
judgment dated 9.8.2021 passed by the Motor Accident Claims
NEUTRAL CITATION
C/FA/4858/2022 JUDGMENT DATED: 29/01/2024
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Tribunal (Aux.), Nadiad in M.A.C.P. No.554 of 2019 by
preferring the present appeal under section 173 of Motor
Vehicles Act, 1988 only on the ground that though the Tribunal
has considered the assessment of the compensation to be made
on the basis of minimum wages to the unskilled workers /
labourers in the State of Gujarat, however, the same has not
been granted as per schedule.
2. Mr. Nishit Bhalodi, learned advocate for the appellants
submitted that the Tribunal has rightly considered that the
compensation is required to be assessed in accordance with
minimum wages of the unskilled workers in the State of Gujarat
but may have inadvertently not granted amount as per the
schedule where on the date of accident in the year 2019, the
minimum wages for the unskilled workers is noted as Rs.8,118/-.
3. Mr. Rushang D. Mehta, learned advocate for the insurance
company submitted that the amount of Rs.6,000/- per month
assessed is reasonable for the deceased labourer since the
claimants have failed to prove any cogent documentary
evidence to claim more amount.
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C/FA/4858/2022 JUDGMENT DATED: 29/01/2024
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4. The facts of the case which led to filing of the motor
accident claims petition are to the effect that on 23.5.2019, the
deceased was going by car bearing Registration No. GJ-07-BD-
2492 and since the driver of the said vehicle opponent No.1 was
careless, rash and negligence in driving at about 11.00 a.m., the
vehicle turned turtle and the deceased sustained serious
multiple injuries and succumbed to death.
5. After having considered the evidence on record, the
Tribunal has laid down the sole negligence of the driver of the
vehicle. The age of the deceased was 45 years 11 months 22
days at the time of accident. The School Leaving Certificate at
Exh. 33 was on record and accordingly, 13 multiplier was
applied. The claimants had pleaded the income of Rs.10,000/-
for the deceased and in cross-examination at Exh. 23, she could
not give proof of source of income of the deceased. The
Tribunal, therefore, was reasonable to consider the income as
per minimum wages to the unskilled labourer in the State of
Gujarat. However, it appears that while considering the
schedule, some error has been committed where actually
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C/FA/4858/2022 JUDGMENT DATED: 29/01/2024
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schedule suggests the rate of the State of Gujarat on the date of
accident as Rs.8,118/-. Accordingly, the income is required to be
assessed considering 25% future prospective rise which has
been considered by the Tribunal. Thus, the amount would come
to Rs.10,147.50 (Rs.8118 + 25%).
6. Taking into consideration the dependents, 1/3rd amount
would be deducted from the income as personal expenses.
Hence, monthly dependency would come to Rs.6,765/-
(Rs.10,147.50 - 1/3rd - Rs.3,382.50).
7. Future dependency would come to Rs.10,55,340/- by
applying multiplier of 13 (Rs.6,765 x 12 x 13). Under the other
heads for consortium, loss to estate and funeral expense,
appropriate amount has been granted. Thus, the difference
would come to Rs.2,75,340/- as an enhanced amount.
8. The Tribunal has awarded total compensation as
Rs.9,45,000/-. Now, the claimants would be entitled to get
Rs.2,75,340/- as enhanced compensation.
9. The enhanced amount of Rs.2,75,340/- be deposited before
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the concerned Tribunal within eight weeks from the date of
receipt of writ of this order at the rate of 7.5% per annum from
the date of filing of the claim petition till its realisation.
10. The Tribunal concerned is directed to disburse the entire
amount of Rs.2,75,340/- to the claimants, considering the age of
the claimants and one of them being a widow. Further, the
Tribunal is directed to apportion the enhanced compensation in
ratio of 50% of the enhanced compensation be paid to appellant
No.1 and appellant Nos.2 and 3 be paid 25% each of the
enhanced compensation.
11. In the result, the appeal is partly allowed. The impugned
judgment dated 9.8.2021 passed by the Motor Accident Claims
Tribunal (Aux.), Nadiad in M.A.C.P. No.554 of 2019 stands
modified to the aforesaid extent. No order as to costs. Record &
Proceedings, if any, be sent back to the concerned Tribunal.
Sd/-
(GITA GOPI,J)
Bharat
