Gujarat High Court

Bijliben Nannubhai Sangadiya vs Dipakbhai Bhimjibhai Katariya on 16 April, 2025

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                             C/FA/4555/2024                                    ORDER DATED: 16/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                            R/FIRST APPEAL NO. 4555 of 2024
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                                              BIJLIBEN NANNUBHAI SANGADIYA & ORS.
                                                             Versus
                                              DIPAKBHAI BHIMJIBHAI KATARIYA & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3
                      MASUMI V NANAVATY(9321) for the Defendant(s) No. 3
                      MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
                      NOTICE SERVED for the Defendant(s) No. 1,2
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                           CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                         Date : 16/04/2025

                                                            ORAL ORDER

1. The present appeal is filed by the appellants-original claimants

against the judgment and award dated 12.09.2024 passed by the

learned Motor Accident Claims Tribunal (Aux) & 4 th Additional District

Judge, Anand in Motor Accident Claim Petition No.248 of 2021,

wherein learned Tribunal has partly allowed the claim petition.

2. Heard learned advocate Mr. Nishit A. Bhalodi for appellants-

original claimants and learned advocate Mr. Vibhuti Nanavati for

respondent no.3-Insurance Company. Though served, none appeared

for respondent Nos.1 and 2.

3. Brief facts narrated in the present First Appeal are as under:

3.1 Deceased- Nannubhai Kababhai Sangadiya was serving in K.K.

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Construction and was doing labour work of preparation of R.C.C. road

and leveling of the road. On 20.10.2021, the driver of truck bearing

registration no.GJ-23-B-8776 and Trailer bearing registration no.GJ-

23-V-5729 owned by opponent no.2 being driven by opponent no.1 all

of sudden took reverse turn and dashed with the deceased.

Resultantly, deceased sustained serious injures and was admitted in

Shri Krushna Hospital at Karamsad. Because of fatal injuries, deceased-

Nannubhai succumbed to death. FIR was lodged at Vidhyanagar Police

Station against the driver of the offending vehicle.

3.2 Legal heirs and representatives of the deceased filed claim

petition claiming compensation of Rs.21 Lakhs. Notices were served to

opponents. Opponent nos.1 and 2 though served, did not contest the

claim petition. Opponent no.3-Insurance Company appeared and filed

written statement at Exh.17 and denied its liability. Issues were

framed. Claimant no.2-Sunilbhai Nannubhai Sangadiya was examined

at Exh.20. In support of the claim petition, the claimants produced

complaint, panchnama, inquest panchnama, post mortem report,

salary certificate, charge-sheet and other documentary evidence, in

support of the claim petition.

3.3 After considering the evidence on record, learned Tribunal

partly allowed claim petition by directing the opponents to pay

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compensation of Rs.11,20,000/- jointly and severally with interest at

the rate of 9% per annum from the date of claim petition till its

realization.

3.4 Being aggrieved and dissatisfied with the impugned judgment

and award, the claimants-appellants herein has filed the present

appeal for enhancement of compensation.

4. Learned advocate for the appellants has submitted that at the

time of the accident, the deceased was aged about 40 years, 9 months

and 12 days and was doing labour work for preparation of R.C.C. road

in K.K. Construction and was earning Rs.500/- per day. Salary

certificate issued by employer was produced at Exh.29. However, the

employer of deceased was not examined to prove the income. In

absence of proof with regard to income, the learned Tribunal instead

of considering the rates of minimum wages at Rs.9,000/- considered

Rs.7,500/- per month. Even, while awarding compensation learned

Tribunal has failed to award any compensation under the head of

prospective income, which is the mandatory compensation, to be

awarded in view of the decision of National Insurance Company

Limited vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, the

loss of consortium and loss of funeral expenses are awarded by the

learned Tribunal is meagre and against the settled proposition of law.






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                             C/FA/4555/2024                                    ORDER DATED: 16/04/2025

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No other submissions are canvassed by learned advocate for the

appellants, except above.

5. Per contra, learned advocate for the respondent No.3-Insurance

Company has supported the impugned judgment and award, and has

submitted that despite the salary certificate produced by the

claimants, the contents of the salary certificate could not be

established and in absence of any proof with regard to income,

learned Tribunal has rightly considered income at Rs.7,500/- per

month, which is just and reasonable and no interference is required by

this Court. It is also contended that as per the evidence, deceased was

aged about 40 years, 9 months and 12 days, and therefore, multiplier

of 14 applied by the Tribunal is proper. Except above submissions, no

other submissions are canvassed.

6. I have considered the submissions canvassed by learned

advocates for the respective parties and perused record and

proceedings. It appears that the deceased was doing labour work on

the date of the accident and the accident occurred when the driver of

the offending vehicle took the vehicle reverse and dashed with

deceased, which resulted into serious injuries and ultimately deceased

succumbed.

7. In catena of decisions, the law is settled as to when the

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claimants failed to prove income by leading documentary evidence,

the yardstick which is required to be considered is the rates of

minimum wages. In the present case, the date of accident is

20.08.2021 and the rates of minimum wages prevailing on the date of

accident is Rs.9,000/- per month. However, the learned Tribunal has

not applied correct rates of minimum wages, and therefore, income of

deceased is required to be considered as Rs.9,000/- per month.

8. Learned advocate for the appellants has placed reliance upon

the decision in case of Jyotiben Bharatbhai Shah and Ors. vs.

Mansingh Padamsinh Rajput and Ors. delivered in First Appeal No.97

of 2012 on 01.02.2028, wherein the deceased was aged about 40

years and 5 months. However, the Hon'ble Division Bench has applied

40% and has added towards prospective income. Applying the same

principles, addition of 40% in the income of the deceased is required

to be considered. The claimants in the present case are widow and

two children, under the head of loss of consortium, claimants are

entitled to Rs.1,45,200/- (Rs.48,400 x3), under the head of loss of

estate and funeral expenses, the compensation is required to be

enhanced, multiplier of 15 is to be considered instead of 14.

9. In view of the aforesaid discussions, the claimant-appellant

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herein is entitled to following compensation:

                                         Name of the Particulars                             Amount in Rs.
                      Future Loss of Income
                      Income                                                   Rs.9,000/-
                      Prospective Income (40%)
                      Rs.9,000/- + Rs.3600/- =                                 Rs.12,600/-

                      Deduction towards personal expenses
                      1/3 of Rs.12,600/- = Rs.4200/-   =                        Rs.8,400/-


                      Rs.8400/- X 12 X 15                                                       Rs.15,12,000/-
                      Loss of Consortium                                                          Rs.1,45,200/-
                      Rs.48,400/- x 3
                      Loss of Estate                                                                Rs.18,150/-
                      Loss of Funeral Expenses                                                      Rs.18,150/-
                      Total                                                                      Rs16,93,500/-
                      Awarded Compensation by Tribunal                                          Rs.11,20,000/-
                      Enhanced amount of compensation                                             Rs.5,73,500/-

10. For the reasons recorded above, following order is passed:

10.1 The appellant-original claimant is entitled to enhanced amount

of compensation of Rs.5,73,500/- @ 7.5% interest per anuum from the

date of claim petition till realization from the respondent-Insurance

Company.

10.2 The Insurance Company is directed to deposit enhanced amount

of compensation with interest as above within a period of Six Weeks

from the date of receipt of this order.

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10.3 Upon such receipt, it will be open for the appellants-original

claimants to approach the learned Tribunal for appropriate orders for

withdrawal. The learned Tribunal shall disburse the same after proper

identification and verification following due procedure.

10.4 While making the payment, the learned Tribunal shall deduct

the court fees, if not paid, in accordance with the prevailing rule.

10.5 The present First Appeal is partly allowed. The impugned

judgment and award dated dated 12.09.2024 passed by the learned

Motor Accident Claims Tribunal (Aux) & 4th Additional District Judge,