Gujarat High Court
Sushilaben Wd/O Anilbhai @ Shankarbhai ... vs Vinodbhai Jaykishsinh Karmi on 17 April, 2025
NEUTRAL CITATION
C/FA/2983/2012 JUDGMENT DATED: 17/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2983 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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SUSHILABEN WD/O ANILBHAI @ SHANKARBHAI RAMANBHAI SOLANKI
& ORS.
Versus
VINODBHAI JAYKISHSINH KARMI & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5,6
MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 17/04/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. Hiren Modi for the appellants
and learned advocate Mr. H. G. Mazmudar for the
respondent No.3 - Insurance Company at length. Though
served, none appears for and on behalf of respondent
No.1. Perused the record.
2. The challenge in the present appeal is by the original
NEUTRAL CITATION
C/FA/2983/2012 JUDGMENT DATED: 17/04/2025
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claimants challenging the judgment and award dated
19.6.2009 passed by learned Motor Accident Claims
Tribunal (Main), Kheda @ Nadiad in M.A.C.P. No.440 of
2002.
3. The facts in brief of the case are as under:
* On 5.1.2002, deceased Anilbhai @ Shankarbhai
Ramanbhai Solanki was driving Maruti Car bearing
registration No.GJ-6-A-705 and was heading from village
Kamla to Bhavnagar. At that time, opponent No.1 - driver
of Truck was driving his vehicle bearing registration
No.GJ-10-U-4207 rashly and negligently from opposite
direction and dashed with the maruti car. As a result of
that, deceased sustained injuries and died. Rest of the
passengers were also injured. A complaint was filed
against driver of the truck before Dholera Police Station.
* Claimants filed a claim petition claiming
compensation of Rs.5,00,000/-. Opponents were served
with the notice of claim petition.
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* Opponent Nos.1 and 2 - driver and owner were
served, but did not contest the claim petition, however,
opponent No.3 - insurance company appeared and filed
Written Statement at Exh.41. Issues were framed.
Applicant No.1 filed examination in chief and produced
documentary evidence such as FIR, Panchnama and
other documents in support of the claim petition.
* After considering the evidence on record and
considering the submissions, learned Tribunal held that
the deceased was negligent to the extent of 50% and the
driver of the truck was negligent to the extent of 50%
and awarded compensation of Rs.1,08,000/- with
proportionate cost and 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 appellants - original claimants
have preferred this appeal.
4. Learned advocate for the appellants has submitted that
the deceased was driving a car in a moderate speed. On
NEUTRAL CITATION
C/FA/2983/2012 JUDGMENT DATED: 17/04/2025
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the date of accident, driver of the offending truck came in
a rash and negligent manner and dashed with the maruti
car and resultantly, deceased suffered severe injuries and
died. It is submitted that deceased was aged about 30
years and was working in Saw Mill and was drawing salary
of Rs.2,500/- per month. Deceased was also having a tea
hotel and was also earning from such activity. However, in
absence of material with regard to the income, learned
tribunal considered annual income of Rs.18,000/- and
deducted 1/3rd towards personal and living expenses. It is
further contended that applying the ratio laid down in the
case of Sarla Verma (Smt.) and others vs. Delhi
Transport Corporation and another, reported in
(2009) 6 SCC 121, multiplier of 17 is to be applied
instead of 15. It is also submitted that learned tribunal has
not awarded compensation under the heads of filial and
parental loss. It is submitted that the claimants are widow,
minor children and parents of the deceased. He also
submitted that loss of estate, funeral expenses are
awarded on lower side. No other submissions are
canvassed except the above submissions.
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C/FA/2983/2012 JUDGMENT DATED: 17/04/2025
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5. Per contra, learned advocate for the respondent -
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. It is further submitted that after
considering the Panchnama and the complaint and other
material placed on record, the learned Tribunal has rightly
arrived at a conclusion that the drivers of both the vehicles
are negligent to the extent of 50% each in the occurrence
of accident. It is further submitted that the learned
Tribunal has awarded just and reasonable compensation.
Rest of 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 the submissions of learned advocate for
the respective parties and perused the Record and
Proceedings. It appears from the record that there is no
evidence with regard to the income of the deceased on the
date of accident. In absence of any evidence, it would be
appropriate to consider income of the deceased @
Rs.2,500/- monthly income i.e. Rs.30,000/- per year. It also
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appears that learned tribunal has not considered
prospective income and, therefore, 40% to be added as
prospective income. Thus, total income would come to
Rs.42,000/-. Claimants are six in numbers and, therefore,
deduction of 1/4th to be applied. Looking to the age of
deceased, multiplier of 17 to be applied.
7. So far as negligence is concerned, in absence of any
challenge, findings are not disturbed.
8. 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
Income per year 30000
(2500 x 12)
(plus)
Prospective income 12000
30000 X 40%
42000
(minus)
Rs.42000 + 1/4th 10500
Personal Expenses
Total 31500/-
Rs.31500 X 17)
X 17 multiplier 5,35,500/-
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2. Loss of consortium 48,400/-
3. Filial Loss 1,45,200/-
4. Parental Loss 96,800/-
5. Loss of Estate 18,150/-
6. Funeral Expenses 18,150/-
Total Compensation 8,62,200/-
Negligence 50% 4,31,100/-
NET AMOUNT 4,31,100/-
(-) Awarded Amount Rs.1,08,500/-
Enhanced Amount Rs.3,22,600/-
9. Therefore, total amount of compensation would come to
Rs.4,31,100/- 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.1,08,500/- to the claimant/s,
therefore, Rs.3,22,600/- (Rs.4,31,100 -
Rs.1,08,500/-) is required to be enhanced with 7.5%
p.a. interest.
10. For the reasons recorded hereinabove, the following
order is passed:
[A]. The present appeal is partly allowed
accordingly in above terms.
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C/FA/2983/2012 JUDGMENT DATED: 17/04/2025
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[B]. The Insurance Company is directed to
deposit the enhanced amount Rs.3,22,600/- with
7.5% 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.
[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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