Gujarat High Court
Rekhaben Wd/O Viththalbhai Alkhabhai ... vs Dineshkumar Bhurjibhai Prajapati on 17 November, 2025
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C/FA/3822/2023 JUDGMENT DATED: 17/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3822 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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REKHABEN WD/O VITHTHALBHAI ALKHABHAI RAVAL & ORS.
Versus
DINESHKUMAR BHURJIBHAI PRAJAPATI & ANR.
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Appearance:
MR R.K.MANSURI(3205) for the Appellant(s) No. 1,2,3,4
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/11/2025
ORAL JUDGMENT
1. This appeal has been preferred by the appellant against the
judgment and award dated 12.03.2019 passed by the Motor
Accident Claims Tribunal (Auxi.) Idar in Motor Accident Claim
Petition being MACP No.332 of 2013.
2. Heard learned advocates for the respective parties.
3. The brief facts of the claim petition are that On 25.04.2013
at about 5:00 p.m., the deceased Vitthalbhai, husband of
applicant No.1, father of applicant Nos.2 and 3, and son of
applicant No.4, had gone as a labourer in Eicher vehicle No. GJ-
13-V-3731 for loading watermelons. After completing the work,
while returning near the outskirts of Chitroda village, opponent
No.1, who was driving the vehicle at high speed in a rash and
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negligent manner, caused the vehicle to overturn. As a result,
the deceased sustained serious injuries and was taken to Idar
Civil Hospital, where he succumbed during treatment. The
applicants contend that the accident occurred due to the
negligent driving of opponent No.1. The deceased was 27 years
old and earning approximately Rs.5,000/- per month through
labour and animal husbandry. Due to his death, the claimants
have suffered financial loss and have claimed compensation of
Rs.10,00,000/- with interest and costs.
4. The learned advocate for the appellant has contended that
the learned Tribunal has not properly appreciated the evidence
on record and has awarded a lesser amount of compensation. It
is submitted that the learned Tribunal committed an error by not
granting just and proper compensation, as the income of the
deceased was assessed at only Rs.2,800/- per month, which is a
very meagre amount. The Tribunal also failed to consider the
future prospective income and committed a grave error by not
awarding loss of consortium as mandated in Magma General
Insurance Company Limited v. Nanu Ram alias Chuhru Ram
& Ors., (2018) 18 SCC 130. Therefore, the learned advocate for
the appellant prays for enhancement of the compensation.
5. On the other hand, the learned advocate appearing for the
respondents has strongly opposed the appeal and submitted that
the learned Tribunal has rightly awarded just and proper
compensation in view of the evidence available on record.
Therefore, this Court should not interfere with the award passed
by the learned Tribunal. It is further submitted that the learned
Tribunal has passed the impugned judgment and award after
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taking into consideration the entire material on record and
hence, no interference is called for at the hands of this Court
and the present appeal may be dismissed.
6. Upon considering the evidence produced by the claimants,
including the panchnama of the place of incident (Exh.22), the
inquest panchnama (Exh.23), and other documents, it emerges
that the deceased was doing labour work. Therefore, the income
assessed by the Tribunal at Rs.2,800/- per month is
inappropriate. Considering the nature of work, the income of the
deceased is reasonably required to be assessed at Rs.5,000/- per
month.
7. As per the judgment of the Hon'ble Supreme Court in
National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC
680, 40% prospective income is required to be added as the
deceased was engaged in labour work. Therefore, adding 40%
(Rs.2,000/-), the total monthly income would come to
Rs.7,000/-. The claimants are four in number, and hence, in
view of the settled principle in the case of Sarla Verma Vs. Delhi
Transport Corporation reported in (2009) 6 SCC 121, 1/4th
amount, i.e., Rs.1,750/-, is required to be deducted towards
personal expenses. Thus, the monthly loss of dependency comes
to Rs.5,250/- (Rs.7,000 - Rs.1,750).
8. Considering that the deceased was 27 years old at the time
of accident, the appropriate multiplier applicable is "17" as per
the guidelines laid down in Sarla Verma (Supra). Accordingly,
the total loss of dependency would come to Rs.10,71,000/-
(5,250 × 12 × 17).
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9. As regards the other conventional heads, the Tribunal has
awarded Rs.15,000/- towards loss of estate, Rs.40,000/-
towards loss of consortium, and Rs.15,000/- towards funeral
and transportation expenses. In view of the law laid down in
Magma General Insurance Co. Ltd. (supra), these amounts are
required to be enhanced. Therefore, the claimants are entitled to
Rs.18,150/- towards loss of estate, Rs.1,93,600/- towards loss
of consortium, and Rs.18,150/- towards funeral and
transportation expenses.
10. Thus, the total compensation payable to the claimants
would come to:
Loss of dependency : Rs.10,71,000/-
Loss of estate : Rs.18,150/-
Loss of consortium : Rs.1,93,600/-
Funeral & transportation : Rs.18,150/-
Total : Rs.13,00,900/-
11. Therefore, the claimants are entitled to an additional
compensation of Rs.6,31,140/- (Rs.13,00,900 - Rs.6,69,760)
with interest at the rate of 8.75% per annum from the date of the
claim petition till its realization.
12. For the reasons recorded above, the present appeal is
allowed. The impugned judgment and award passed by the
learned Tribunal is modified and enhanced to Rs.13,00,900/-
from Rs.6,69,760/-. Respondent - Insurance Company shall
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deposit the said additional amount of Rs.6,31,140/- along with
interestat the rate of 8.75% per annum, before the Tribunal
within a period of four weeks from the date of receipt of this
order. Record and proceedings be remitted back to the concerned
Tribunal forthwith.
13. The learned Tribunal is directed to recover or deduct the
deficit court fees on enhanced amount and thereafter disburse
the amount accordingly.
14. Award to be drawn accordingly.
(HASMUKH D. SUTHAR,J)
ALI
