Gujarat High Court

Rampritamdas Safuldas Tati vs Ibrahimbhai Satarbhai Saya Bharwada on 17 April, 2025

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                               C/FA/996/2025                                       ORDER DATED: 17/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                 R/FIRST APPEAL NO. 996 of 2025

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                                        RAMPRITAMDAS SAFULDAS TATI & ORS.
                                                       Versus
                                    IBRAHIMBHAI SATARBHAI SAYA BHARWADA & ORS.
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                       Appearance:
                       MR. HEMAL SHAH(6960) for the Appellant(s) No. 1,2,3
                       MR YOGI K GADHIA(5913) for the Defendant(s) No. 2
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                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                           Date : 17/04/2025
                                                            ORAL ORDER

1. The present First Appeal is filed by the

appellants-original claimants against the judgment and

award dated 27.10.2023 passed by the learned Motor

Accident Claims Tribunal (Main), Rajkot in MACP No.1181

of 2015, wherein the learned Tribunal has partly allowed

the claim petition against opponent Nos.1 and 2 dismissed

against opponent No.3.

2. Heard learned advocate Mr.Hemal Shah for the

appellants and learned advocate Mr.Yogi Gadhia for

respondent No.2.

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3. Admit. Learned advocate Mr.Gadhia waives

service of notice of admission for and on behalf of

respondent No.2 forthwith.

4. Upon joint request of learned advocates for the

respective parties, the matter is taken up for final hearing.

5. Brief facts of the case are as under:

5.1 On 26.03.2015, at about 3.00 p.m., deceased

was travelling in tractor bearing registration No.GJ-TU-

8423, driver of the said tractor was driving on correct side

of the road, at that time, a truck bearing registration

No.GJ-03-W-8188 came from opposite direction with full

speed in rash and negligent manner and dashed with

tractor. As a result, tractor turned turtle and deceased

sustained serious injuries and succumbed on the spot. FIR

was lodged against the driver of truck before Umrala

Police Station. Chargesheet is also filed against the driver

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of truck.

5.2 The legal heirs of deceased filed a claim petition

under Section 166 of the Motor Vehicles Act claiming

compensation of Rs.15,00,000/-. Opponent Nos.1 and 3 -

owner of truck and tractor respectively though served but

did not contest the clam petition. Opponent No.2-

Insurance Company of truck No.GJ-03-W-8188 appeared

and filed Written Statement at Ex.13. Applicant No.2

examined at Ex.31 and produced documentary evidence

such as FIR, Panchnama, Inquest panchnama, Postmortem

report, Chargesheet and other relevant documents in

support of the claim petition. After considering the

evidence, learned Tribunal partly allowed the claim

petition against opponent No.1 and 2 and directed them

jointly and severally to pay compensation of Rs.6,24,928/-

with 9% interest per annum from the date of petition till

realization. Learned Tribunal rejected the claim petition

against opponent No.3.

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5.3 Being aggrieved and dissatisfied with the

impugned judgment and award, appellants - original

claimants are before this Court for enhancement of

compensation.

6. Learned advocate for the appellants has submit-

ted that on the date of accident, deceased was travelling

in tractor as a labourer and was earning Rs.8,000/- per

month. However, due to sole negligence of the driver of

truck, who was driving truck at an excessive speed

dashed with the tractor, as a result, accident occurred.

Resultantly, deceased succumbed on the spot due to

injuries. FIR was also lodged against the driver of truck

and subsequently the said driver was chargesheeted.

6.1 It is further submitted that, at the time of acci-

dent, deceased was aged about 24 years and was earning

Rs.8,000/- per month. Learned Tribunal, in absence of co-

gent and convincing reason with regard to the income of

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deceased, assessed income at Rs.2500/- per month. It is

submitted that in catena of decisions, law is settled that,

in absence of direct evidence on income, the rates of

minimum wages prevailing at the time of accident is to be

considered. On the date of accident, the rates of minimum

wages was Rs.7,000/- per month for unskilled labour.

6.2 It is further submitted that while awarding

compensation under the head of funeral expenses, loss of

estate and loss of consortium, learned Tribunal has ignored

the settled proposition of law and awarded lesser amount

of compensation. Except the above, no other submissions

are canvassed by learned advocate for the appellants.

7. Per contra, learned advocate for respondent No.2

- Insurance Company has supported the impugned

judgment and award and submitted that, though the

claimants stated that the deceased was doing labour work

on a tractor and was earning Rs.8,000/- per month, no

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convincing evidence is placed on record. Therefore, learned

Tribunal has rightly assessed the income of deceased at

Rs.2,500/- per month. There is no other reason to disturb

the findings of fact. No other submissions are made by

learned advocate for respondent.

8. I have considered submissions canvassed by

learned advocates for the respective parties and perused

the materials available on record. It appears that, there is

no dispute that on the date of accident deceased was

travelling in a tractor and due to the rash and negligent

driving of driver of truck, accident has occurred. The

Insurance Company has not challenged the findings of the

learned Tribunal and therefore has attained its finality. The

only issue involved in the present appeal is with regard to

assessment of income of deceased in absence of

documentary evidence. In catena of decisions, law is

settled that in such cases rates of minimum wage

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prevailing at the time of accident, is required to be

considered. In the present case, date of accident is

26.03.2015 and on that date, the rates of minimum wage

for unskilled labour was Rs.7000/- per month. Accordingly,

the income of deceased is assessed Rs.7,000/- per month.

9. As per the decision of National Insurance Co.

Ltd. Vs. Pranay Sethi & Ors. reported in (2017) 17 SCC 680,

claimants are entitled to compensation of Rs.18,150/-

under the head of funeral expenses and Rs.18150/- towards

loss of estate and Rs.96,800/- (Rs.48,400 x 2) under the

head of loss consortium. I have been informed during

course of submissions that original claimant No.1 had died

during the pendency of claim petition and the only

surviving claimants are claimant Nos.2 and 3.

Undisputedly, deceased was aged about 22 years at the

time of accident. Therefore, in view of settled law,

multiplier of 18 would be applicable.

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10. In view of the aforesaid discussions, appellants -

original claimants are entitled to following amount of

compensation:

Under the Head of Compensation of Rs.

                       Future loss of income
                       Monthly income = Rs.                    7,000/-

                       Prospective income 40%
                       (Rs.7,000 + 40%) = Rs.                  9,800/-

                       Deduction 1/3
                       (Rs.9800 x 1/3 ) =             Rs.     3,267/-

                       Total Income
                       [Rs.9,800-Rs.3,267/-]=Rs.              6,533/-
                                                                                           14,11,128/-

(Rs.6533 x 12 x 18) =Rs.14,11,128/-

                       Loss of estate                                                           18,150/-
                       Loss of consortium                                                       96,800/-
                       (Rs.48,400 x 2 = Rs.96,800/-)
                       Funeral expenses                                                         18,150/-
                       Grand Total                                                         15,44,228/-
                       Less awarded amount of                                                6,24,928/-
                       compensation by Tribunal
                       Enhanced amount                                                       9,19,300/-
                       (Rs.15,44,228 - Rs.6,24,928/-)=
                       Interest                                                                    @7.5%







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                               C/FA/996/2025                                  ORDER DATED: 17/04/2025

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11. The claimants are entitled to enhanced amount

of compensation of Rs.9,19,300/- @ 7.5% per annum from

the date of claim petition till realization from Insurance

Company.

12. 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. Upon such deposit, it will be open to the

appellants 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.