Gujarat High Court
Anita Dinesh Juva vs Legal Heirs Of Decd. Ismail ... on 3 April, 2025
NEUTRAL CITATION
C/FA/1881/2013 JUDGMENT DATED: 03/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1881 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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ANITA DINESH JUVA
Versus
LEGAL HEIRS OF DECD. ISMAIL GULAMMURTUJA SHAIKH
SMT.BABUBHAI ISMAIL GULAMMIYAN SHAIKH & ORS.
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Appearance:
MR MAKBUL I MANSURI(2694) for the Appellant(s) No. 1
MR ANAL S SHAH(3988) for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 03/04/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. M. I. Mansuri for the
appellant and learned advocate Mr. Anal Shah for
respondent No.2. Rule could not be served upon
respondent No.1. Perused the record.
2. The challenge in the present appeal is by the original
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C/FA/1881/2013 JUDGMENT DATED: 03/04/2025
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claimant challenging the judgment and award dated
31.1.2013 passed by learned Motor Accident Claims
Tribunal (Aux.), Ahmedabad City in M.A.C.P. No.4252 of
1992.
3. The facts in brief of the case are as under:
* On 12.10.1991, petitioner, her husband and
daughter came to Ahmedabad from Godhra by bus and
they hired Auto Rickshaw bearing registration No.GRR-
7836 from Jamalpur Bus Stand to reach Ambawadi.
Opponent No.3 - driver of Auto Rickshaw was driving
vehicle at an excessive speed and whey reached near
Diwan Ballubhai School Cross Road, Rickshaw dashed
with the Circle. As a result of that, all claimants sustained
injuries.
* Claimants filed a claim petition claiming
compensation of Rs.25,000/-. Opponents were served
with the notice of claim petition.
* Opponent Nos.1 & 3 were served, but did not
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C/FA/1881/2013 JUDGMENT DATED: 03/04/2025
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contest the claim petition, however, opponent No.2 -
insurance company appeared and filed Written
Statement at Exh.37. Issues were framed. Applicant No.1
filed examination in chief at Exh.32 and produced
documentary evidence such as FIR, Panchnama and
other documents in support the claim petition.
* After considering the evidence on record and
considering the submissions, learned Tribunal awarded
compensation of Rs.10,600/- with interest @ 9% p.a. from
the date of application till realisation from the opponents.
* Being aggrieved and dissatisfied with the impugned
judgment and award - the appellant - original claimant
has preferred this appeal.
4. Learned advocate for the appellant has submitted on the
date of accident learned Tribunal has considered Rs.600/-
per month as income of the claimant who was a house
wife at the relevant point of time. It is submitted that
rates of minimum wages was prevailing at Rs.900/- per
month. Considering the said fact, the income of the
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C/FA/1881/2013 JUDGMENT DATED: 03/04/2025
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claimant ought to have been considered as Rs.900/- per
month. At the time of accident, claimant was aged about
25 years. The claimant is from very poor class of family
and as has sustained disability @ 18% - body as a whole.
He has further submitted that learned Tribunal has
rightly adopted the multiplier of 16 while calculating the
compensation.
5. Per contra, learned advocate for respondent/s - Insurance
Company has supported the judgment and award and
submitted that learned Tribunal has rightly considered
the evidence on record and awarded just and reasonable
compensation. The award passed by the learned Tribunal
does not require any interference looking to the facts and
circumstances of the case.
6. I have considered submissions canvassed by learned
advocates for the respective parties and perused the
Record and Proceedings. It appears from the record that
the accident has occurred because of the negligent driving
of the driver of Auto Rickshaw. So far as income of the
claimant is concerned, undisputedly, rates of minimum
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C/FA/1881/2013 JUDGMENT DATED: 03/04/2025
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wages on the date of accident was Rs.900/-, however,
learned Tribunal has in absence of any evidence, assessed
RS.600/- monthly income. In catena of decisions, it has
been held that in absence of any documentary evidence
with regard to income of deceased, yardstick for
determining income is the rates of minimum wages
prevailing on the date of accident.
7. In view of the above facts and circumstances, the
claimant/s is/are entitled to following amount of
compensation under the different heads:
Sr. Name of the Head Compensation
No. Amount
(In Rs.)
1 Future loss of Income :
Prospective Income (40%)
900+360 1260
Disability:
Rs.63/- X 12 X 16 multiplier 12,096/-
2. Attendant Charges 5,000/-
3. Medical Expenses 500/-
4. Pain, Shock and Suffering 10,000/-
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C/FA/1881/2013 JUDGMENT DATED: 03/04/2025
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Total Compensation 27,596/-
(-) Awarded Amount 10,600/-
Enhanced Amount 16,996/-
Rounded off as 17,000/-
Interest @ 7.5%
8. Therefore, total amount of compensation would come to
Rs.27,596/- is required to be awarded with interest
accrued thereon from the date of claim petition till its
realisation, which would meet the ends of justice. It is
pertinent to note that learned Tribunal has awarded
Rs.10,600/- to the claimant, therefore, Rs.16,996/-
rounded of as Rs.17,000/- (Rs.27,596/- - Rs.10,600/-)
is required to be awarded with 7.5% p.a. interest.
9. For the reasons recorded hereinabove, the following
order is passed:
[A]. The present appeal is partly allowed
accordingly in above terms.
[B]. The Insurance Company is directed to
deposit the enhanced amount Rs.17,000/- with
7.5% p.a. interest from the date of claim petition
till its realisation before the concerned Tribunal,
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within a period of four weeks from the date of
receipt of this order.
[C]. 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
claimant, by `Account Payee Cheque' / RTGS /
NEFT', after proper verification and after following
due procedure.
[D]. While making the payment, the Tribunal
shall deduct the Courts fees, if not paid, in
accordance with the Rules.
[E]. Record & Proceedings, if any, be sent
back to the concerned Tribunal, forthwith.
(D. M. DESAI,J)
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