Gujarat High Court
Dalpatbhai Vajabhai Mundvada vs Chandubhai Hemabhai Khant on 16 April, 2025
NEUTRAL CITATION
C/FA/4434/2024 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4434 of 2024
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DALPATBHAI VAJABHAI MUNDVADA & ANR.
Versus
CHANDUBHAI HEMABHAI KHANT & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2
HARSH A VYAS(9330) for the Defendant(s) No. 3
MR MANISH J PATEL(2131) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1
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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 03.10.2024 passed by the
learned Motor Accident Claims Tribunal (Main), Panchmahals at
Godhra in Motor Accident Claim Petition No.41 of 2022, wherein
learned Tribunal has partly allowed the claim petition.
2. Heard learned advocate Mr. Nishit A. Bhalodi for the appellants-
original claimants, learned advocate Mr. Manish J. Patel for the
respondent no.2 and learned advocate Mr. Harsh Vyas for the
respondent no.3-Insurance Company. Though served, none appeared
for respondent No.1.
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C/FA/4434/2024 ORDER DATED: 16/04/2025
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3. Brief facts narrated in the present First Appeal are as under:
3.1 Deceased- Vipulkumar Dalpatbhai Mundavada was working as a
Cleaner (Conductor) on Truck bearing registration no.GJ-18-AZ-2476.
On 03.12.2021, opponent no.1 was driving the said truck in an
excessive speed and in a rash and negligent manner. When the truck
was passing from Bayad to Dahegam Road near Jantral Kampa,
opponent no.1 lost control over the truck and the truck turned
turtled. Resultantly, deceased was thrown out of the truck and
received fatal injuries. Because of fatal injuries, deceased- Vipulkumar
Dalpatbhai Mundavada succumbed. FIR was registered against the
driver of the truck before Aabaliyara Police Station.
3.2 Claimants filed claim petition under Section 166 of the Motor
Vehicles Act claiming compensation of Rs.32 Lakhs. Opponents were
duly served with the notice. Opponent nos.1 and 2 appeared and filed
written statement at Exh.10. Opponent no.3 appeared and filed
written statement at Exh.16 and denied its liability. The claimant no.1
filed examination-in-chief at Exh.20 and produced the documentary
evidence such as FIR, copy of panchnama, inquest panchnama and post
mortem report in support of the claim petition.
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C/FA/4434/2024 ORDER DATED: 16/04/2025
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3.3 After considering the evidence on record, learned Tribunal
partly allowed claim petition by awarding compensation of
Rs.14,22,680/- with 9% interest per annum with proportionate costs in
favour of the applicants and against opponent nos.1 to 3.
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
deceased was aged about 22 years at the relevant point of time, and
he was working as a Cleaner (Conductor). On the date of accident, he
was earning Rs.15,000/- per month . While calculating the income,
learned Tribunal has considered the income of deceased at Rs.8,900/-
which is not as per the rates of minimum wages prevailing on the date
of accident. It is further submitted that the date of accident is
03.12.2021 and the rates of minimum wages prevailing at the relevant
time was Rs.9,500/- per month. It is further submitted that the learned
Tribunal has awarded only Rs.44,000/- under head of loss of
consortium. It is further submitted that claimant no.1 is the father of
the deceased and claimant no.2 is the sister of the deceased. No other
submissions are canvassed except the above submissions.
NEUTRAL CITATION
C/FA/4434/2024 ORDER DATED: 16/04/2025
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5. Per contra, learned advocate for the respondent-Insurance
Company has supported the impugned judgment and award, and has
submitted that the learned Tribunal has awarded just and reasonable
compensation. It is further submitted that even on considering the
aspect of income, learned Tribunal has considered more income than
deceased was entitled for. Except above submissions, no other
submissions are canvassed.
6. I have considered the submissions canvassed by learned
advocates for the respective parties and perused the record and
proceedings. On the date of the accident i.e. 03.12.2021, the deceased
was aged about 22 years and was working as a Cleaner/Conductor. It
appears from the record that while awarding the compensation,
learned Tribunal has considered Rs.8,900/- per month as income of
deceased. In absence of any documentary evidence with regard to
income, the yardstick for determining the income is rates of minimum
wages prevailing on the date of accident. Undisputedly, the deceased
was an un-skilled labour and the rates of minimum wages prevailing
on the date of accident is Rs.9,500/- per month. Thus, the monthly
income of the deceased can be assessed at Rs.9,500/- per month. The
consortium amount for the claimant no.1 is required to be enhanced
to Rs.48,400/-. Rest of the award does not require any interference.
NEUTRAL CITATION
C/FA/4434/2024 ORDER DATED: 16/04/2025
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7. In view of the aforesaid discussions, the claimants are entitled
to following amount of compensation:
Name of the Particulars Amount in Rs.
Future Loss of Income
Income per month Rs.9,500/-
Prospective Income (40%)
Rs.9,500/- + Rs.3800/- = Rs.13.300/-
Deduction towards personal expenses
½ of Rs.13,300/-Rs.6,650/- = Rs.6,650/-
Rs.14,36,400/-
Rs.6,650/- X 12 X 18
Loss of Consortium Rs.48,400/-
Rs.48,400/- x 1
Loss of Estate Rs.18,150/-
Loss of Funeral Expenses Rs.18,150/-
Total Rs.15,21,100/-
Awarded Compensation by Tribunal Rs.14,22,680/-
Enhanced amount of compensation Rs.98,420/-
8. For the reasons recorded above, following order is passed:
8.1 The appellants-original claimants are entitled to enhanced
amount of compensation of Rs.98,420/- @ 9% per anuum from the
date of claim petition till realization from the respondent-Insurance
Company.
8.2 The Insurance Company is directed to deposit enhanced amount
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C/FA/4434/2024 ORDER DATED: 16/04/2025
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of compensation with interest as above within a period of Four Weeks
from the date of receipt of this order.
8.3 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.
8.4 While making the payment, the learned Tribunal shall deduct
the court fees, if not paid, in accordance with the prevailing rule.
8.5 The present First Appeal is partly allowed. The impugned
judgment and award dated 03.10.2024 passed by the learned Motor
Accident Claims Tribunal (Main), Panchmahals at Godhra in Motor
Accident Claim Petition No.41 of 2022 is modified to the aforesaid
extent.
8.6 Record and Proceedings, if any, received, be sent back to the
concerned Court/Tribunal forthwith.
(D. M. DESAI,J)
SUYASH SRIVASTAVA
