[Cites 2, Cited by 0]
Gujarat High Court
Yogeshkumar Chunilal Jethva (Decd.) ... vs Vibhabhai Virambhai Vadecha on 1 December, 2025
NEUTRAL CITATION
C/FA/2201/2013 JUDGMENT DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2201 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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YOGESHKUMAR CHUNILAL JETHVA (DECD.) THRO HEIRS & ORS.
Versus
VIBHABHAI VIRAMBHAI VADECHA & ORS.
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Appearance:
MR TUSHAR L SHETH(3920) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
MR P P MAJMUDAR(5284) for the Defendant(s) No. 2
SERVED BY RPAD (N) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 01/12/2025
ORAL JUDGMENT
1. The captioned appeal has been filed against the
impugned judgment and award dated 08.11.2012 passed by
the learned Motor Accident Claims Tribunal (Aux.), Gondal in
M.A.C.P. No. 226 of 2003, whereby the learned Tribunal
partly allowed the Claim Petition and awarded a sum of Rs.
1,87,000/- (Rupees One Lakh Eighty Seven Thousand Only)
along with interest at the rate of 7% per annum from the date
of filing the Claim Petition until its realization, as
compensation.
NEUTRAL CITATION
C/FA/2201/2013 JUDGMENT DATED: 01/12/2025
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2. The facts of the case and negligence are not in dispute,
therefore, the same are not being narrated herein for the sake
of brevity.
3. Being aggrieved and dissatisfied with the impugned
judgment and award, the Original appellants have preferred
the present appeal on the ground of quantum.
4. Heard learned counsels for the parties.
5. At the outset, Mr. Tushar L. Sheth, learned counsel
appearing on behalf of the appellants submitted that
considering the age, income and nature of occupation of the
deceased, a lumpsum amount of Rs.5,00,000/- may be
awarded in view of the ratio rendered by the coordinate bench
of this Court in First Appeal No. 5167 of 2019. He further
submitted that the coordinate bench relied upon the ratio of
the judgment of the Hon'ble Apex Court in the case of Kishan
Gopal & Anr. v. Lala & Ors. reported in (2014) 1 SCC 244,
wherein a sum of Rs.5,00,000/- was awarded as
compensation. He further submitted that in Meena Devi v.
Nunu Chand Mahto @ Nemchand Mahto reported in 2022 (O)
AIJEL-SC 69946, the Hon'ble Apex has awarded a sum of
Rs.5,00,000/- as a total compensation in case of the death of a
12 year old child. He further submitted that considering the
ratio of the aforesaid judgments, a lumpsum amount of
Rs.5,00,000/- may be awarded as compensation.
NEUTRAL CITATION
C/FA/2201/2013 JUDGMENT DATED: 01/12/2025
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6. Mr. H. G. Mazmudar, learned advocate appearing on
behalf of the respondent No.3 - Insurance Company submitted
that considering the ratio of Meena Devi (supra), Kishan
Gopal (supra) and the judgment rendered by the coordinate
bench of this Court in First Appeal No. 5167 of 2019, a
lumpsum amount of Rs.5,00,000/- may be awarded to the
original claimants/appellants herein.
7. Having considered the submissions advanced by the
learned counsel for the parties, and having regard to the facts
and circumstances of the case, as well as the citations relied
upon, I am of the considered view that it would be just and
proper to award a sum of Rs. 5,00,000/- (Rupees Five Lakhs
only)as a whole as compensation from the date of filing of the
claim petition till its realization. Accordingly, the
compensation of Rs. 1,87,000/- awarded by the learned
Tribunal is hereby enhanced to Rs. 5,00,000/-.
8. Therefore, in view of the above discussion, the original
claimants/appellants herein shall be entitled for an additional
compensation to the tune of Rs.3,13,000/- (i.e.,Rs.5,00,000/- -
Rs.1,87,000/-). The learned Tribunal has awarded interest at
the rate of 7% per annum from the date of filing of the Claim
Petition till realization. The said rate of interest is maintained;
accordingly, the original claimants/appellants herein shall be
entitled to 7% of interest per annum on the additional amount
of compensation from the date of filing of the Claim Petition
till its realization.
NEUTRAL CITATION
C/FA/2201/2013 JUDGMENT DATED: 01/12/2025
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9. In view of the above discussion, the impugned judgment
and award dated 08.11.2012 stand modified to the aforesaid
extent and accordingly, the captioned appeal stands disposed
of.
10. At this stage, learned counsel appearing for the
appellants submitted that appellant Nos.2 to 4, being the
sisters of the deceased are married and settled in their
respective matrimonial homes. Therefore, the enhanced
amount of compensation should be granted solely to appellant
No. 1, the mother of the deceased. In light of this submission,
respondent No. 3, the Insurance Company, is directed to
deposit the enhanced compensation amount along with
interest within six weeks from today. Upon receipt of the
deposit, the learned Tribunal shall disburse the entire
awarded amount to the appellant No.1 - Mrs. Gitaben
Chunilal Jethva (after deducting any deficit Court fee), after
due verification.
11. Amount, if any, lying deposited with the Registry of this
Court shall be transmitted to the learned Tribunal concerned
forthwith. Records & Proceedings, if any be sent to the
learned Tribunal concerned. No order as to costs.
12. Pending application, if any, stands disposed of,
accordingly.
(MOOL CHAND TYAGI, J)
ARUN
