Gujarat High Court
Maheshwariben Netajibhai Vasava vs Dipakkumar Bhupatsinh Vasava on 19 June, 2024
NEUTRAL CITATION
C/FA/438/2024 JUDGMENT DATED: 19/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 438 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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MAHESHWARIBEN NETAJIBHAI VASAVA & ORS.
Versus
DIPAKKUMAR BHUPATSINH VASAVA & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4,5
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 19/06/2024
ORAL JUDGMENT
1. The present First Appeal, under Section 173 of Motor
Vehicles Act, 1988, is preferred by the appellant/s - original
claimant/s - legal heirs of the deceased - Fulvantiben Netajibhai
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C/FA/438/2024 JUDGMENT DATED: 19/06/2024
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Vasava, being aggrieved and dissatisfied with the judgment and
award dated 10.10.2023 passed by the Motor Accident Claims
Tribunal (Main), Narmada at Rajpipla in Motor Accident Claim
Petition No.77 of 2021, by which the Tribunal has awarded
compensation of Rs.10,38,000/- with 8% per annum interest to the
claimant/s, holding Opponent/s liable, jointly and severally.
2. Brief facts of the case are as under:
2.1 That on 30.01.2021 at about 6:30 p.m., deceased -
fulvantiben was travelling on motorcycle bearing registration No.GJ-
22-J-2679 as pillion rider and going towards village Devmogra from
Nevdi Amba. At that time, on Sagbara-Khapar road, near Sagbara
Cross Roads on slope, the opponent No.1 came from back side
driving Truck bearing registration No.GJ-19-X-6057 in rash and
negligent manner, in full speed and lost control over the steering of
truck and dashed with the motorcycle from rear side on which
deceased Fulvantiben was travelling and she sustained severe
injuries and died while taking Rajpipla Civil Hospital. Therefore, the
legal heirs of the deceased - three daughters and in-laws have filed
claim petition seeking compensation of Rs.25 lakhs with cost and
interest for unnatural and untimely death against the present
respondents before the Tribunal.
2.2 Notices were served to the opponents. Opponents No.1
and 2 have chosen not to appear and contest the claim petition.
Opponent No.3 - insurance company of the truck has appeared and
has filed its written statement / objections at Exh.38 by disputing all
the averments made by the claimant in the claim petition.
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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. Learned advocate Mr.Nishit Bhalodi for the appellant/s -
claimant/s has submitted that the Tribunal has 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 prospective income
of the deceased, negligence, liability and family circumstances, etc.
He has submitted that the deceased was aged about 33 years at the
time of accident and was doing tailoring work in Readymade
Designer Company in Ankleshwar GIDC and earning Rs.15,000/- per
month. 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 multiplier. He has submitted
that therefore, considering the loss of dependency, it would be
calculated as Rs.10,000/- as monthly income plus Rs.4,000/- as 40%
prospective income minus Rs.3,500/- as personal expenses (1/4)
multiplied by 12 months and multiplied by 16 multiplier would come
to Rs.20,16,000/- total future loss, which should be awarded to the
claimants by the learned Tribunal.
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He has further submitted that considering the general
and non-pecuniary damages, the learned Tribunal should award
Rs.16,500/- each towards loss of estate and funeral expenses. He has
also submitted that towards loss of consortium, there are five
dependents and therefore, it would be awarded Rs.2,20,000/- should
be awarded 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.
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, Mr. Rathin Raval, learned advocate for
respondent No.3 - 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. He has submitted that under the head of loss of estate and
funeral expenses, the Tribunal has rightly awarded compensation. He
has submitted that the amount under the head of loss of consortium
is just and proper and only one is major and others are the minor
children. He has submitted that this appeal may be dismissed and no
interference be made by this Court.
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
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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 deceased was aged
about 33 years and was doing tailoring work in Readymade Designer
Company in Ankleshwar GIDC at the relevant point of time.
Therefore, the month income would be considered as Rs.10,000/- per
month at the relevant time and by adding 40% prospective income,
as calculated by the learned Tribunal, it would come to Rs.4,000/-
and therefore, total income comes to Rs.14,000/- per month. Since
the deceased is aged about 33 years, 1/4 would proper to be
deducted as personal expenses and therefore, it would come to
Rs.3,500/-. Hence, the income would come to Rs.10,500/- per month
and therefore, yearly, it would come to Rs.1,26,000/- and applying 16
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.20,16,000/- as future loss, which is required
to be awarded to the claimants.
6.2 Further, considering the ratio laid down by the Hon'ble
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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.16,500/- and Rs.16,500/-, respectively,
which would be the just and proper compensation.
6.3 Further, there are five dependents to the deceased,
consisting three children and in-laws. 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.44,000/- as consortium to each dependents, which
comes to Rs.2,20,000/-, which should be awarded to the claimants.
6.5 Therefore, total compensation would be as under, which
the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future Loss of Income 20,16,000/-
Loss of Estate 16,500/-
Funeral Expenses 16,500/-
Loss of consortium 2,20,000/-
Total... 22,46,000/-
Less : Amount which is already awarded 10,38,000/-
Additional amount which is awarded 12,08,000/-
7. Therefore, I hold that the claimant/s are entitled to get
the total amount of compensation of Rs.22,46,000/- with 8% 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
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C/FA/438/2024 JUDGMENT DATED: 19/06/2024
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Rs.10,38,000/-, therefore, remaining amount of Rs.12,08,000/- 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
enhanced amount Rs.12,08,000/- with 8% p.a. interest from the date
of claim petition till its realisation before the concerned Tribunal,
within a period of six weeks from the date of receipt of this order.
8.3 The Tribunal shall disburse the entire awarded amount
lying in the FDR and/or with the Tribunal, with accrued interest
thereon, if any, to the claimants, by account payee cheque / NEFT /
RTGS, after proper verification and after following due procedure.
8.4 While making the payment, the Tribunal shall deduct the
courts fees, if not paid, in accordance with rules/law.
8.5 Record and proceedings be sent back to the concerned
Tribunal, forthwith.
(SANDEEP N. BHATT,J)
M.H. DAVE
