Umalabhai Haji Bambha vs Driver Of Tempo Motor Vehicle No ... on 2 December, 2025

                                                                                                               NEUTRAL CITATION




                            C/FA/2561/2012                                    JUDGMENT DATED: 02/12/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 2561 of 2012


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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                                   Approved for Reporting                     Yes           No

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                                          UMALABHAI HAJI BAMBHA & ORS.
                                                     Versus
                               DRIVER OF TEMPO MOTOR VEHICLE NO GJ.3X.1424 & ORS.
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                       Appearance:
                       MR KIRTIDEV R DAVE(3267) for the Appellant(s) No. 1,2,3,4
                       MR RAHUL K DAVE(3978) for the Appellant(s) No. 1,2,3,4
                       MR NINAD P SHAH, ADVOCATE FOR
                       ADITI S RAOL(8128) for the Defendant(s) No. 3
                       RULE SERVED for the Defendant(s) No. 1,2
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                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                          Date : 02/12/2025

                                                          ORAL JUDGMENT

1. The captioned appeal is preferred against the impugned judgment and award dated 24.05.2012 passed by the learned Motor Accident Claims Tribunal (Aux), Kutch-Bhuj in M.A.C.P. No. 193 of 2008, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.1,52,300/- (Rupees One Lakh Fifty Two Thousand Three Hundred Only) along with interest at the rate of 7.5% per annum, from the

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date of filing of the claim petition till realization, as compensation.

2. The succinct facts, which lead to the filing of the captioned appeal are summarized as under :-

i. On 18.02.2008, at about 18:15 hours, the deceased-Dariyakhan Haji Bambha was travelling from Bhuj to Misariyada for the purpose of transporting goods as a labourer in a Tempo bearing Registration No. GJ-3-C-1424. When the said tempo reached near Loriya Bus Station, the driver of the said tempo, without adhering to traffic rules and safety precautions and by driving in a rash and negligent manner, caused the Tempo to overturn, resulting in the occurrence of the accident. Due to the said accident, Dariyakhan sustained grievous injuries and succumbed to those injuries.

ii. It is the case of the claimants-appellants herein that at the time of the accident, the deceased- Dariyakhan was aged about 40 years and he was working as labourer on the offending tempo and earning Rs.40,000/- per month. Therefore, they filed a claim petition under Section 163A of the Motor Vehicle Act for seeking compensation of

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Rs.3,87,900/- along with interest from the opponents.

iii. The notices/summons of the Claim Petition were duly served upon the opponents. The opponent no.3-Insurance Company filed Written Statement vide Exh.25, thereby, denying all the averments made in the claim petition and prayed for dismissal of the claim petition.

iv. In order to prove their claim, the claimants appellants herein led oral as well as documentary evidence, which reads as under:-

Sr. Description of Documents Exhibit No. No.

of Claimant

Panchnama

7 Copy of Income Certificate Mark 15/7

v. Having considered the oral as well as documentary evidence on record, and having considered the submissions of the learned

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counsels for the parties, the learned Tribunal awarded a sum of Rs.1,52,300/-(Rupees One Lakh Fifty Two Thousand Three Hundred Only) along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till realization, as compensation, on account of the death of the deceased-

Dariyakhan.

vi. Being aggrieved and dissatisfied by the impugned judgment and award, the appellans being the heirs of the deceased preferred the present appeal on the ground of quantum.

3. Heard learned counsels for the parties.

4. Mr. Kirtidev Dave, learned advocate for the claimants/ appellants herein vehemently submitted that though the annual notional income of the deceased was Rs.40,000/-, but the same could not be proved on record. Therefore, the learned Tribunal has considered the annual notional income of the deceased as Rs.15,000/- at the time of accident. He further submitted that it is not in dispute that at the time of accident, the deceased was working as a Labourer. Therefore, the learned Tribunal could have consider the minimum wages prevalent at the time of accident. He further submitted that considering the minimum wages, the compensation awarded by the learned Tribunal is required to be enhanced.

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5. On the other hand, Mr.Ninand P Shah, learned advocate appearing for the respondent no.3-Insurance Company vehemently submitted that the income of the deceased was not proved on record. Therefore, the learned Tribunal has rightly considered the annual notional income of the deceased as Rs.15,000/- per-annum. He further submitted that there is no infirmity in the impugned judgment and award, and therefore, the present appeal deserves to be dismissed.

6. Having considered the submissions of the learned counsels for the parties and having gone through the record, it is not in dispute that at the time of accident, the deceased was working as a Labourer on the offending tempo. It was pleaded that though the salary certificate was produced at Mark 15/7, but the same was not proved on record, therefore, the learned Tribunal has considered the annual notional income of the deceased as Rs.15,000/- per-annum at the time of accident. It is not in dispute that the accident took place on 18.02.2008. At the relevant point of time, the minimum wages for unskilled worker was Rs.2700/- per month. Therefore, in absence of proof of income, the learned Tribunal could have consider the minimum wages of the deceased as per the notification issued by the State Government. Therefore, the monthly income as per the minimum wages prevalent at the relevant point of time is taken as Rs.2700/-. Therefore, the annual income would come to Rs.32,400/-. It is also not in dispute that at the time of accident, the deceased was aged about 44 years. Thus, considering the 2 nd schedule, total compensation as per the table comes to Rs.32,400/-, which is

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near to Rs.36,000/- per-annum. Therefore, considering the table, the appellants shall be entitled for total loss of dependency of Rs.5,04,000/- and after deducting 1/3 on account of personal expenses of the deceased, the loss of depedence would come to Rs.3,36,000/-. As per 2 nd schedule, a sum of Rs.2,000/- is awarded under the head of funeral expenses and a sum of Rs.5,000/- is awarded under the head of loss of consortium and sum of Rs.2,500/- is awarded under the head of loss of estate. Therefore, the total comes to Rs.3,45,500/-. The learned Tribunal has awarded Rs.1,52,300/- as compensation. Therefore, the claimants/appellants shall be entitled for an additional compensation of Rs.1,93,200/- (Rs.3,45,500/- - Rs.1,52,300/-). The learned Tribunal has awarded the interest at the rate of 7.5% per annum from the date of the claim petition till realization. Therefore, the claimants shall also be entitled for the same rate of interest on the additional amount of compensation from the date of filing of the claim petition till its realization.

7. In view of the above discussion, the captioned appeal stands allowed partly and judgment and award is modified to that extent. The Insurance Company is directed to deposit the additional compensation amount along with interest, with the concerned learned Tribunal within a period of six weeks from today. Upon depositing the said amount of compensation, learned Tribunal shall disburse the entire awarded amount of compensation along with interest to the appellants after deducting the deficit of Court fee, if any and after due

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verification.

8. If any amount is lying deposited in the captioned appeal with the Registry of this court, be transmitted to the concerned learned Tribunal. Records & Proceedings, if any, be sent back to the concerned learned Tribunal. No order as to costs.

9. Pending application, if any stands disposed of.

(MOOL CHAND TYAGI, J) GIRISH