Gujarat High Court
Sonaben Motibhai Rajput (Barad) vs Iqbalbhai Ismailbhai Ambaliyasana on 22 April, 2025
NEUTRAL CITATION
C/FA/914/2025 ORDER DATED: 22/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 914 of 2025
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SONABEN MOTIBHAI RAJPUT (BARAD) & ORS.
Versus
IQBALBHAI ISMAILBHAI AMBALIYASANA & ANR.
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Appearance:
KAASH K THAKKAR(7332) for the Appellant(s) No. 1,2,3
MR KK THAKKAR(2834) for the Appellant(s) No. 1,2,3
MR.O K BAROT(7056) for the Defendant(s) No. 1
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 22/04/2025
ORAL ORDER
1. Heard learned advocate Mr. Kaash K. Thakkar for the
appellants and learned advocate Ms. Kirti S. Pathak for
respondent No.2 - insurance company. Learned advocate
Mr. O. K. Barot though appearing for respondent No.1,
remained absent. Perused the record.
2. The challenge in the present appeal is by the appellants -
original claimants challenging the judgment and award
dated 26.11.2024 passed by learned Motor Accident
Claims Tribunal (Auxi.), Palanpur, District Banaskantha in
M.A.C.P. No.65 of 2020.
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C/FA/914/2025 ORDER DATED: 22/04/2025
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3. The facts in brief of the case are as under:
* On 18.12.2019, deceased Bhupatsinh Motibhai
Rajput (Barad) was going towards Mamavada on his
motor cycle bearing registration No.GJ-2-AE-8136 on the
correct side of the road at a moderate speed. At that
time, opponent No.1 motor vehicle bearing registration
No.GJ-18AU-0033 came in a rash and negligent manner
and dashed with the motorcyclist. Resultantly, deceased
sustained serious injuries and died on the spot.
* Claimants being the legal heirs of the
deceased filed claim petition under Section 166 of M.V.
Act for compensation of Rs.30,00,000/- from the
opponents. Opponents were served with summons.
Opponent nos.1 and 2 contested the claim petition by
filing Written Statement at Exhs.8 and 29 respectively.
After framing of issues, claimant No.2 - widow of
deceased submitted her deposition at Exh.25 and
produced FIR, Panchnama, Inquest Panchnama, Charge-
sheet P.M. report & copies of village form No.7/12.
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C/FA/914/2025 ORDER DATED: 22/04/2025
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* After considering the evidence, learned
tribunal partly allowed the claim petition by directing
opponents to pay an amount of Rs.11,55,000/- to the
claimants with interest @ 9% p.a. from the date of
application till realisation.
* Being aggrieved and dissatisfied with the
impugned judgment and award, the appellants - original
claimants have filed the present appeal.
4. Learned advocate for the appellants has submitted that
the deceased was aged about 42 years of age and was
doing agriculture activities and was engaged in the
activities of driving vehicle. It is the case of the claimant
that income of the deceased was Rs.15,000/- per month.
However, in absence of any documentary evidence,
learned tribunal considered income of deceased at
Rs.7,500/- per month which is not the correct assessment
of income. As per the rates of minimum wages, prevailing
on the date of accident, income of deceased would be
Rs.8,060/- per month. It is further submitted that learned
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C/FA/914/2025 ORDER DATED: 22/04/2025
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tribunal has failed to give any compensation by increasing
the amount of compensation under conventional heads
which is settled proposition of law. Except above
submissions, no other submissions are made.
5. Per contra, learned advocate for 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 learned tribunal
has rightly considered the income of the deceased in
absence of any documentary evidence. Except the oral
version of the claimants, there is no iota of evidence to
substantiate the income of the deceased and, therefore,
no interference is needed in finding of the fact. The award
passed by the learned Tribunal does not require any
interference looking to the facts and circumstances of the
case. Except above submissions, no other submissions are
made.
6. I have considered submissions canvassed by learned
advocates for the respective parties and perused the
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C/FA/914/2025 ORDER DATED: 22/04/2025
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material available on record. It appears from the record
that the accident has occurred because of the negligent
driving of the driver of offending vehicle. On the date of
accident, deceased was aged about 46 years of age which
has been derived by learned tribunal by considering PM
report. Admittedly, claimants have not produced any iota
of evidence with regard to income. In the cases where the
income proof is not established by the victim and / or the
legal representatives of the deceased, the yardstick which
can be taken into consideration is the rates of minimum
wages prevailing on the date of accident.
7. 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 month 8060
(+)
Prospective Income (25%)
8060X25% 2015
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C/FA/914/2025 ORDER DATED: 22/04/2025
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10075
(-)
Personal Expenses:
Rs.10075X1/3rd 6717
10,47,852/-
Rs.6717/- X 12 X 13 multiplier
2. Loss of Consortium (48,400 x 3) 1,45,200/-
3. Loss of Estate 18,150/-
4. Loss of Funeral Expenses 18,150/-
Total Compensation 12,29,352/-
(-) Awarded Amount 11,55,000/-
Enhanced Amount 74,352/-
Interest @ 9%
8. Therefore, total amount of compensation would come to
Rs.12,29,352/- is required to be awarded with interest
accrued thereon from the date of claim petition till its
realisation, which would meet the ends of justice. It is
pertinent to note that learned Tribunal has awarded
Rs.11,55,000/- to the claimant/s, enhanced amount as
compensation to the tune of Rs.74,352/-
(Rs.12,29,352/- - Rs.11,55,000/-) is required to be
awarded with 9% p.a. interest.
9. For the reasons recorded hereinabove, the following
order is passed:
[A]. The present appeal is partly allowed
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C/FA/914/2025 ORDER DATED: 22/04/2025
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accordingly in above terms.
[B]. The Insurance Company is directed to
deposit the enhanced amount Rs.74,352/- with
9% 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.
[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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