Gujarat High Court
The Reliance General Insurance Co. Ltd vs Manjuben Mahendrabhai Pandey on 17 July, 2025
NEUTRAL CITATION
C/FA/433/2025 ORDER DATED: 17/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 433 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/FIRST APPEAL NO. 433 of 2025
======================================
THE RELIANCE GENERAL INSURANCE CO. LTD.
Versus
MANJUBEN MAHENDRABHAI PANDEY & ORS.
======================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR NAGESH C SOOD(1928) for the Defendant(s) No. 9
NISHIT A BHALODI(9597) for the Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 2,5,6,8
NOTICE UNSERVED for the Defendant(s) No. 7
======================================
CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 17/07/2025
ORAL ORDER
1. Heard Mr. Rathin Raval, learned advocate for the
appellant - insurance company.
2. Mr. Bhalodi, learned advocate has entered his
appearance on behalf of the respondent nos.1 and 2 - original
claimants. Mr. Sood, learned advocate has entered his
appearance on behalf of the respondent no.9 - insurance
company.
3. The present appeal is filed at the instance of original
opponent no.3 - insurance company of the Truck involved in
the accident under Section 173 of the Act being aggrieved and
NEUTRAL CITATION
C/FA/433/2025 ORDER DATED: 17/07/2025
undefined
dissatisfied with the judgment and award dated 12 th July, 2024
passed by the Motor Accident Claims Tribunal (Main),
Bharuch in MACP no.435 of 2014.
4. At the outset, learned advocate has invited my attention
to the findings and reasons assigned by the Tribunal while
considering the aspect of computation of amount of
compensation. Learned advocate has submitted that the
Tribunal has committed error in considering the monthly
income of the deceased as Rs.18,000/- and thereafter has
awarded amount of Rs.36,45,000/- towards the future loss of
income by considering 50% prospective income. He has
further raised the issue of adoption of deduction being
considered as 1/4th instead of 1/3 rd without appreciating the
fact that two of the original claimants being parents of the
deceased having expired were deleted from the array of the
parties. By making the aforesaid submissions, learned
advocate has urged this Court to allow the appeal and reduce
the amount of compensation.
5. Per contra, learned advocate for the respondent nos.1
and 2 - original claimants have vehemently objected to the
aforesaid submission. By referring to the findings and
reasons assigned by the Tribunal on the aforesaid issues,
learned advocate has submitted that upon appreciation of the
evidence on record, the Tribunal has arrived at just and
reasonable amount of the future loss of income, which calls no
interference of this Court. Learned advocate had mainly
relied upon the documentary evidence, which has been proved
NEUTRAL CITATION
C/FA/433/2025 ORDER DATED: 17/07/2025
undefined
and established by the original claimant through her
deposition as well as by examining the witness at Exh.51. He
has therefore submitted that no error can be found with the
approach of the Tribunal in assessing the income of the
deceased as Rs.18,000/- per month. As regards the averments
made by the learned advocate for the appellant - insurance
company on the issue of prospective income is concerned,
learned advocate has relied upon the relevant observations
made by the Hon'ble Supreme Court in case of National
Insurance Company Ltd., Vs. Pranay Shethi and others
reported in 2017 (3) GLH-536 and has contended that noticing
the age of the deceased being proved as 39 years and being
permanently employed in a private company, the Tribunal has
rightly considered 50% as prospective income for determining
the future loss of income. Lastly, with regard to the
submission made by the learned advocate for the appellant for
deduction of 1/4th considered, learned advocate has submitted
that considering the fact that the deceased was survived by
the widow, minor daughter and his parents, the Tribunal has
rightly applied deduction of 1/4 th in the facts of the case. He
has therefore urged this Court to dismiss the appeal and to
confirm the award of the Tribunal.
6. Mr. Sood, learned advocate for the respondent no.9 -
insurance company has supported the submissions made by
the learned advocate for the appellant and has urged this
Court to pass appropriate orders.
7. Having heard the learned advocates for the respective
NEUTRAL CITATION
C/FA/433/2025 ORDER DATED: 17/07/2025
undefined
parties and having perused the findings and reasons assigned
by the Tribunal, in the opinion of this Court, upon
appreciation of the documentary evidence in light of the
deposition of the widow as well as the witness of the
employee, who has been examined at Exh.51, no error can be
found with the approach of the Tribunal in assessing the
income of the deceased as Rs.18,000/-. It is evident from the
record that the aforesaid findings and reasons assigned by the
Tribunal are well supported by the documentary evidence in
the nature of pay-slip produced at Exh.53, Income Tax Return
forms produced at Exh.54. As regards the submission made
with regard to the prospective income being considered as
50% and the deduction applied as 1/4 th, in the opinion of this
Court, in the facts of the case, the Tribunal has rightly
considered the same in view of the settled legal position of the
Hon'ble Supreme Court. Hence, in absence of any other
grounds being raised, this Court does not find any error being
committed by the Tribunal in awarding future prospective loss
of income to the tune of Rs.36,45,000/- in the facts of the case.
8. Hence, for the foregoing reasons the appeal fails and is
hereby stands dismissed. Notice discharged. Since the
appeal has been dismissed, the amount which is lying in the
Tribunal is directed to be released and disbursed. Hence, the
entire awarded amount is directed to be disbursed in favour of
the original claimants, subject to due verification, after
considering the apportionment. Let the aforesaid exercise be
undertaken by the Tribunal within a period of three weeks
from the date of receipt of this order strictly in adherence
NEUTRAL CITATION
C/FA/433/2025 ORDER DATED: 17/07/2025
undefined
with the guidelines issued by the Hon'ble Supreme Court in
this regard.
In view of the dismissal of the main appeal, civil
application for stay stands disposed of.
(NISHA M. THAKORE, J.)
AMAR RATHOD...
