Gujarat High Court
Roshanbibi Mobin Abdul Raheman Shekh vs Gafurbhai Latif Shekh on 13 March, 2025
NEUTRAL CITATION
C/FA/118/2011 JUDGMENT DATED: 13/03/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 118 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
==========================================================
Approved for Reporting Yes No
==========================================================
ROSHANBIBI MOBIN ABDUL RAHEMAN SHEKH & ORS.
Versus
GAFURBHAI LATIF SHEKH & ANR.
==========================================================
Appearance:
JENIL M SHAH(7840) for the Appellant(s) No. 1,2,3,4,5
MASUMI V NANAVATY(9321) for the Defendant(s) No. 2
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 13/03/2025
ORAL JUDGMENT
1. The present First Appeal is filed by appellants –
original claimants against the judgment and award dated
30.09.2010 passed by the learned Motor Accident Claims
Tribunal (Aux.), Fast Track Court, Godhra in MACP No.165
of 2005, wherein learned Tribunal has partly allowed the
claim petition.
Page 1 of 9
Uploaded by MANOJ KUMAR(HC01092) on Tue Apr 01 2025 Downloaded on : Sat Apr 05 01:00:01 IST 2025
NEUTRAL CITATION
C/FA/118/2011 JUDGMENT DATED: 13/03/2025
undefined
2. Heard learned advocate Mr.Vishal Mehta for
learned advocate Mr.Jenil Shah for the appellants and
learned advocate Mr.Vibhuti Nanavati for respondent No.2
– Insurance Company. Though served, none appeared for
respondent No.1.
3. Brief facts of the case are as under:-
3.1 On 24.05.2004, deceased Mobinbhai Abdul
Raheman Shekh was travelling in a truck bearing
registration No.GJ-17-T-5669 from Sehra to Santrampur.
The said truck was being driven by opponent No.1 in rash
and negligent manner. At around 6.00 p.m. when truck
reached near Kanka Talab, three roads, Lunawada,
Santrampur road, Opponent No.1 suddenly applied the
brakes. As a result, deceased fell down from Truck and
sustained injuries and was taken to hospital and thereafter
succumbed because of accidental injuries.
Page 2 of 9
Uploaded by MANOJ KUMAR(HC01092) on Tue Apr 01 2025 Downloaded on : Sat Apr 05 01:00:01 IST 2025
NEUTRAL CITATION
C/FA/118/2011 JUDGMENT DATED: 13/03/2025
undefined
3.2 The legal heirs of deceased filed a claim
petition being MACP No.165 of 2005 before learned Motor
Accident Claims Tribunal (Aux.), Fast Track Court, Godhra
for compensation of Rs.6,50,000/- from opponents.
Opponents were served with the summons. Opponent No.1
did not appear and contest the petition. However,
opponent No.2 – Insurance Company appeared and filed a
Written Statement at Ex.17 and denied its liability. Issues
were framed. Claimant No.1 examined herself at Ex.25 and
produced documentary evidences such as FIR, Panchnama,
Postmortem report. After considering the oral as well as
documentary evidence and materials placed on record,
learned Tribunal partly allowed the claim petition by
directing opponents to pay Rs.3,30,200/- with 7.5%
interest from the date of application till realization.
3.3 Being aggrieved and dissatisfied with the
judgment and award, appellants – original claimants have
Page 3 of 9
Uploaded by MANOJ KUMAR(HC01092) on Tue Apr 01 2025 Downloaded on : Sat Apr 05 01:00:01 IST 2025
NEUTRAL CITATION
C/FA/118/2011 JUDGMENT DATED: 13/03/2025
undefined
filed present First Appeal for enhancement of
compensation.
4. Learned advocate for appellants has submitted
that while awarding compensation, learned Tribunal has
not considered prospective income of deceased and has
also wrongly deducted 1/3rd towards personal and living
expenses. It is further submitted that claimants are 5 in
numbers being widow, 2 sons, father and mother of
deceased. Deceased was aged about 27 years at the time
of accident and was serving as a labourer with opponent
No.1 and multiplier which has been applied 16 is not
proper in view of the settled position of law. Learned
Tribunal has also not awarded any compensation under the
head of loss of consortium and funeral expenses which has
been awarded Rs.3,000/- is too meager and against the
settled law.
5. Per contra, learned advocate for respondent-
Page 4 of 9
Uploaded by MANOJ KUMAR(HC01092) on Tue Apr 01 2025 Downloaded on : Sat Apr 05 01:00:01 IST 2025
NEUTRAL CITATION
C/FA/118/2011 JUDGMENT DATED: 13/03/2025
undefined
insurance company has supported the judgment and award
and submitted that the learned Tribunal has considered the
evidence on record and thereafter awarded just and
reasonable compensation. Hence, no interference is
required in the findings arrived at by learned Tribunal.
6. I have considered the submissions canvassed by
learned advocates for the respective parties and perused
record and proceedings. Deceased was aged about 27 years
at the time of accident and was working as a labourer
with opponent No.1. On the date of accident, opponent
No.1 while driving Truck, suddenly applied brakes, due to
which, deceased fell down and succumbed. While awarding
compensation, learned Tribunal has considered notional
income of deceased at Rs.2,400/- per month. However,
prospective income has not been taken into consideration
by learned Tribunal.
6.1 Considering the ratio laid down in the case of
Page 5 of 9
Uploaded by MANOJ KUMAR(HC01092) on Tue Apr 01 2025 Downloaded on : Sat Apr 05 01:00:01 IST 2025
NEUTRAL CITATION
C/FA/118/2011 JUDGMENT DATED: 13/03/2025
undefined
National Insurance Company Limited Vs. Pranay Sethi & Ors.,
reported in (2017) 16 SCC 680, 40% prospective income is
required to be added in the income of deceased. Total
income of deceased would come to Rs.3,360/- per month
(Rs.2400 + Rs.960/- = Rs.3360/-). Claimants being widow,
two sons and father and mother are five in number. Thus,
deduction towards personal and living expenses would
come to 1/4th instead of 1/3rd. Claimants are not being
awarded any compensation under the head of loss of
consortium and funeral expenses has also not been
properly awarded in view of settled law. Though, original
claim petition was claiming compensation of Rs.6,50,000/-.
However, applying the principles of just and reasonable
compensation, if on materials found, claimants are entitled
to more amount of compensation than claimed, there is no
bar in awarding compensation which is established on
record. Claiming compensation under the Motor Vehicles
Act, being a benevolent legislation, legal representatives of
Page 6 of 9
Uploaded by MANOJ KUMAR(HC01092) on Tue Apr 01 2025 Downloaded on : Sat Apr 05 01:00:01 IST 2025
NEUTRAL CITATION
C/FA/118/2011 JUDGMENT DATED: 13/03/2025
undefined
deceased cannot be deprived of just and reasonable
compensation on the technical ground that the claimed
amount is less than what is established on record.
6.2 Considering the age of the deceased as per the
proposition laid down in the case of Sarla Verma Vs. Delhi
Transport Corporation & Anr. reported in (2009) 6 SCC 12 ,
multiplier of 17 is applicable.
7. In view of the aforesaid discussions, the
claimants are entitled to the following amount of
compensation:-
Under the Head of Compensation of Rs.
Future loss of incomeMonthly income = Rs.2400/-
Prospective income 40%
(Rs.2400 + 40%) = Rs.3360/-
Deduction ¼th towards personal
expenses
(Rs.3360/4 = Rs.840/-)Total Income
[Rs.3360- Rs.840 = Rs.2520/-]Page 7 of 9
Uploaded by MANOJ KUMAR(HC01092) on Tue Apr 01 2025 Downloaded on : Sat Apr 05 01:00:01 IST 2025
NEUTRAL CITATIONC/FA/118/2011 JUDGMENT DATED: 13/03/2025
undefined
(Rs.2520 x 12 x 17) = Rs.5,14,080/- 5,14,080/-
Loss of estate 18,150/-
Loss of consortium 2,42,000/-
(Rs.4,800 x 5)
widow, 2 sons, father and mother
Funeral expenses 18,150/-
Grand Total 7,92,380/-
Less awarded amount of 3,30,200/-
compensation by Tribunal
Enhanced amount 4,62,180/-
(Rs.7,92,380 - Rs.3,30,200/-)=
Interest @7.5%
7.1 Claimants are entitled to enhanced amount of
compensation of Rs.4,62,180/- @ 7.5% per annum from
the date of claim petition till realization from Insurance
Company.
7.2 The Insurance Company is directed to deposit
enhanced amount of compensation with interest as above
within a period of Six Weeks from the date of receipt of
this order.
7.3 Upon such deposit, it will be open to the
Page 8 of 9
Uploaded by MANOJ KUMAR(HC01092) on Tue Apr 01 2025 Downloaded on : Sat Apr 05 01:00:01 IST 2025
NEUTRAL CITATIONC/FA/118/2011 JUDGMENT DATED: 13/03/2025
undefined
claimants/appellants to approach the learned Tribunal for
appropriate orders for withdrawal. The learned Tribunal
shall disburse the same after proper identification and
verification following due procedure.
7.4 While making the payment, learned
Tribunal/Court shall deduct the Court Fess, if not paid, in
accordance with prevailing Rule.
8. The present First Appeal is partly allowed
accordingly. The judgment and award dated 30.09.2010
passed by the learned Motor Accident Claims Tribunal
(Aux.), Fast Track Court, Godhra in MACP No.165 of
2005, is modified to the aforesaid extent.
9. Record and proceedings, if any, received, be
sent back to the concerned Court/Tribunal.
(D. M. DESAI,J)
MANOJ
Page 9 of 9
Uploaded by MANOJ KUMAR(HC01092) on Tue Apr 01 2025 Downloaded on : Sat Apr 05 01:00:01 IST 2025
[ad_1]
Source link