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2016 Supreme(Guj) 1769
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R. Shah and A.S. Supehia, JJ.
The New India Insurance Co. Ltd. – Appellant
Vs.
Nirmalaben Wd/o Tusharbhai Natvarsinh Gadhavi & Others – Defendants
First Appeal Nos. 880, 882 of 2016 With Civil Application Nos. 5197, 5199 of 2016
Decided On : 01-09-2016
For the Appellants : Mr. G.C. Mazmudar and Mr. H.G. Mazmudar.
For the Defendants : Mr. H.N. Brahmbhatt and Mr. Hiren M. Modi.
The main legal point established in the judgment is the application of the Motor Vehicles Act, 1988 and the principles laid down in the case of Sarla Verma v. Delhi Transport Corporation in determining compensation for motor accident claims.
Headnote:
Motor Accident Claim - Compensation - 1. Motor Vehicles Act, 1988 - Section 166 - 2. Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121 : AIR 2009 SC 3104
Fact of the Case:
The appeals arose from a common judgment and award passed by the Motor Accident Claims Tribunal in relation to an accident resulting in the death of Tusharbhai and two minors. The tribunal awarded compensation to the claimants, which was challenged in the appeals.
Finding of the Court:
The court found that the tribunal's determination of the involvement of the vehicle in the accident and the negligence of the driver was based on evidence and not perverse. The court modified the compensation awarded to the claimants based on the assessment of income and deductions, in line with legal precedents.
Issues: The issues revolved around the involvement of the vehicle in the accident, negligence of the driver, and the quantum of compensation awarded by the tribunal.
Ratio Decidendi: The court upheld the tribunal's findings on the involvement of the vehicle and the negligence of the driver, and modified the compensation based on the assessment of income and deductions, in accordance with legal precedents.
Final Decision: The court partly allowed one appeal and dismissed the others, modifying the compensation awarded by the tribunal and directing the apportionment of the amount among the claimants.
M.R. SHAH, J.
1. All these (appeals arise out) of the impugned common judgment and award passed by the learned tribunal and arising out of the same accident but with respect to different claimants, all these appeals are decided and disposed of by this common judgment and award.
2. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Ahmedabad (hereinafter referred to as “the learned tribunal”) in Motor Accident Claim Petition No. 720 of 2010, by which the learned tribunal has partly allowed the said claim petition and has awarded a total sum of Rs. 8,10,000/- to the original claimants towards compensation under different heads for the death of deceased Tusharbhai Natvarsinh Gadhavi-original opponent No. 3, New India Insurance Company Limited has preferred the present First Appeal No. 880 of 2016.
3. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned tribunal in Motor Accident Claim Petition Nos. 77 and 78 of 2011 by which the learned tribunal has partly allowed the said claim petitions and has awarded Rs. 5 Lacs in each of the claim petitions towards compensation for the death of two minors who died in the vehicular accident, original opponent No. 3-the New India Insurance Company Limited has preferred First Appeal Nos. 881 and 882 of 2016.
4. It is not in dispute that in the vehicular accident which occurred on 29/9/2010, deceased Tusharbhai died. In the said accident two minors, son Keyur and daughter Keny, aged 13 years also died. Therefore, widow and parents of deceased Tusharbhai filed the aforesaid Motor Accident Claim Petition No. 720 of 2010 before the learned tribunal claiming Rs. 35 Lacs towards compensation for the death of deceased Tusharbhai.
5. That on appreciation of evidence, the learned tribunal assessed the income of the deceased at Rs. 5000 per month and after deducting 1/4thtowards personal expenses of the deceased and thereafter applying multiplier of 15, the learned tribunal has awarded Rs. 6,75,000/- towards loss of dependency. That the learned tribunal has awarded Rs. 1,25,000/- under the conventional heads and Rs. 10,000/- towards funeral expenses. Thus, by the impugned judgment and award the learned tribunal has awarded a total sum of Rs. 8,10,000 towards compensation for the death of deceased Tusharbhai with interest at the rate of 9% per annum from the date of filing of the claim petition till realization.
6. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned tribunal in Motor Accident Claim Petition No. 720 of 2010 awarding Rs. 8,10,000 in all to the original claimants, towards compensation for the death of deceased Tusharbhai, Insurance company has preferred First Appeal No. 880 of 2016.
7. That for the death of two minors namely son Keyur and daughter Keny, who at the relevant time were aged about 13 years, mother and grand-parents preferred Motor Accident Claim Petition No. 77 and 78 of 2011. Assessing the prospective income of the deceased minors at Rs. 2500/- per month and thereafter applying multiplier of 15, the learned tribunal has awarded Rs. 4,50,000/- under the head of loss of dependency in each case and has awarded a further sum of Rs. 50,000/- under the head of loss of love and affection and funeral expenses. Thus, in both the aforesaid claim petitions, the learned tribunal has awarded a sum of Rs. 5 Lacs in each of the claim petitions towards compensation for the death of two minors namely son Keyur and daughter Keny, aged 13 years.
8. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned tribunal in Motor Accident Claim Petition Nos. 77 and 78 of 2011, Insurance Company has preferred First Appeal Nos. 881 and 882 of 2016.
9. First Appeal No. 881 of 2016:-
Now, so far as First Appeal No. 880 of 2016 arising out of the Motor Accident Claim Petition No. 720 of 2010 is concerned,
