Gujarat High Court

Sunandaben Dineshbhai Bhuria vs Kalsingbhai Manubhai Bhambhor on 11 April, 2025

                                                                                                                  NEUTRAL CITATION




                            C/FA/1107/2013                                      JUDGMENT DATED: 11/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 1107 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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                                          SUNANDABEN DINESHBHAI BHURIA & ORS.
                                                         Versus
                                         KALSINGBHAI MANUBHAI BHAMBHOR & ANR.
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                       Appearance:
                       MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5
                       MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
                       MR HG MAZMUDAR(1194) for the Defendant(s) No. 2
                       MR VD PARGHI(568) for the Defendant(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                            Date : 11/04/2025

                                                            ORAL JUDGMENT

1. Heard learned advocate Mr. Hiren Modi for the appellants,

learned advocate Mr. V.D. Parghi for respondent No.1 and

learned advocate Mr. H.G. Mazmudar for respondent No.2

- insurance company. Perused the record.

2. The challenge in the present appeal is by the appellants -

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original claimants challenging the judgment and award

dated 2.1.2013 passed by learned Motor Accident Claims

Tribunal (Main), Dahod in M.A.C.P. No.388 of 2006.

3. The facts in brief of the case are as under:

* On 4.7.2006, deceased Dineshbhai Fatabhai

Bhuria was standing on road side of the road near

Secondary School at Village Raniyar. At that time,

opponent No.1 driver of Jeep No.GJ-20-A-828 came in a

rash and negligent manner and dashed with the

deceased. Resultantly, the deceased sustained serious

injuries and succumbed.

* Claimants being the legal heirs of the

deceased filed claim petition for a compensation of

Rs.10,00,000/- from the opponents. Opponents were

served with summons. Opponent nos.1 and 2 contested

the claim petition by filing Written Statement at Exhs.12

and 19 respectively. After framing of issues, claimant

No.1 - widow of deceased submitted her deposition at

Exh.24 and produced FIR, Panchnama, PM report,

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documents pertaining to educational qualification,

charge-sheet and other documents in support of claim

petition.

* After considering the evidence, learned

Tribunal partly allowed the claim petition by directing

opponents to pay an amount of Rs.5,03,000/- to the

claimants with interest @ 7.5% p.a. from the date of

application till realisation.

* Being aggrieved and dissatisfied with the

impugned judgment and award, the appellants have filed

the present appeal.

4. Learned advocate for the appellant has submitted that

deceased was a well educated person aged about 25 years

at the relevant point of time. Claimants have also

produced mark-sheet and certificate of computer

awareness training issued from Thermal Construction at

Exhs.37 and 38. Deceased was holding a degree of MA. It

is submitted that at the relevant point of time, claimant

was doing masonry work and agricultural work and was

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drawing income of Rs.6,000/- per month, however, learned

tribunal has considered income of deceased @ Rs.2,500/-

per month and considered prospective income @ 30%

only. Learned tribunal has also not awarded any

compensation under the head of consortium which

claimants are entitled to as per the settled proposition of

law in the case of National Insurance Company

Limited Vs. Pranay Sethi and others reported in

(2017) 16 SCC 680. Except this, no other submissions

are made.

5. Per Contra, learned advocate for Respondent No.2 -

insurance company has supported the judgment and

awarded and submitted that in absence of any

documentary evidence, learned tribunal has rightly

assessed income of deceased @ Rs 2,500/- per month. In

the claim petition, it is submitted that the claimants have

not stated that claimant was a labour contractor or a

mason supplier, however, certificate issued by Thermal

Construction at Exh.38 indicates that deceased was a

mason supplier and labour contractor. When there are

contradictions in the claim petition and the evidence

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produced by the claimants, the tribunal has considered

just and reasonable compensation. There is no

documentary evidence to substantiate the income from

agricultural activities. Even no documentary evidence with

regard to holding of agricultural land by deceased is

produced on record.

6. I have considered the submissions and perused Recording

& Proceedings placed on record. It appears from the

record that the Learned Tribunal has considered PM report

and arrived at a conclusion that deceased was aged above

25 years of age and after considering the certificate

Exh.38 of thermal construction, which indicates that

deceased was a mason supplier and labour contractor,

learned tribunal arrived at conclusion that in absence of

any documentary evidence with regard to income,

Rs.2,500/- per month was assessed. Learned Tribunal has

failed to appreciate the fact that deceased was a double

graduate person holding the degree of MA and was also

holding certificates of computer awareness training

whereby it can be presumed that the deceased was also

having the knowledge of computer. Considering the said

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evidence, income of deceased can be assessed at

Rs.3,000/- per month. Considering the age of deceased,

addition of 40% as prospective income can be considered

as per the decision of Hon'ble Apex Court in the case of

National Insurance Company Limited Vs. Pranay

Sethi and others reported in (2017) 16 SCC 680. It

also appears from the impugned award that learned

Tribunal has failed to award compensation under the head

of loss of consortium which claimants are entitled to.

Originally, claimants were five in numbers. However,

pending the claim petition, claimant Nos.4 and 5, being

the parents of deceased, were deleted from the array of

parties and, resultantly, only three claimants remained on

the date of determination of the claim petition.

7. Considering the aforesaid aspect, claimants are entitled to

compensation under the head of loss of consortium to the

tune of Rs 1,45,200/- (48,400 x 3). Learned Tribunal has

awarded 7.5% interest, which is required to be

maintained.

8. In view of the above facts and circumstances, the

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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        Loss of Income
                                             (Rs.3,000)
                                             Prospective Income:
                                             (Rs.3000 + 40% = 1200/-
                                             prospective      income     =
                                             Rs.4,200/-)
                                             Minus Personal and Living
                                             Expenses (1/4th)
                                             Rs.4,200/- X 1/4th = 1050
                                             Rs.4,200/- - 1,050   = 3150
                                             Rs.3,150 X 12 X 18 Multiplier                           6,80,400/-
                                   2.        Loss of estate                                              18,150/-
                                   3.        Funeral expenses                                            18,150/-
                                   4.        Loss of consortium                                      1,45,200/-
                                             (Rs.48,400 X 3)
                                                   Total Compensation                               8,61,900/-
                                                    (-) Awarded Amount                          Rs.5,03,000/-
                                                    Enhanced Amount                           Rs.3,58,900/-

9. Therefore, total amount of compensation would come to

Rs.8,61,900/-, which is required to be awarded with

7.5% p.a. interest from date of claim petition till its

realisation, which would meet the ends of justice. It is

pertinent to note that learned Tribunal has already

awarded Rs.5,03,000/- to the claimant, therefore,

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Rs.3,58,900/- (Rs.8,61,900 - Rs.5,03,000/-) is

required to be enhanced with interest @ 7.5% p.a.

10. 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.3,58,900/- with

7.5% p.a. interest from the date of claim petition

till its realisation before the concerned Tribunal,

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.

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[D]. While making the payment, the Tribunal

shall deduct the Courts fees, if not paid, in

accordance with the Rules.