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2021 Supreme(Online)(Guj) 2539
HIGH COURT OF GUJARAT
R.M.CHHAYA, MAUNA M. BHATT, JJ
AKSHATABEN ASHOKBHAI KHADAPE HEIRS OF DECD. ASHOK MOHANBHAI KHADAPE – Appellant
Versus
NILESHKUMAR DASHRATBHAI BARAIYA – Respondent
Motor Accident Claims Petition No.568 of 2013
For the Appellants/Petitioners: Tirth Nayak
For the Respondents: Vibhuti Nanavati
Compensation for motor vehicle accident must consider actual income and future earning potential, allowing for dependency loss adjustments based on relevant legal principles.
Headnote:(A) Motor Vehicles Act, 1988 - Section 173 - Apportionment of compensation in motor vehicle claims - Accident dated 07.09.2013 involving a dumper and a motorcycle resulting in the death of the deceased - Tribunal erred in determining the income of the deceased at Rs.7,500/-; appellate reasoning adjusted the income to Rs.15,000/- and provided additional compensation under various heads - All relevant documents and testimonies were considered for recalibration of compensation awarded. (Paras 2.1, 9, and 10)
(B) Compensation - Calculation of income and determination of dependency; Court recognized entitlement to consortium for various claimants based on established case law. (Paras 10 and 11)
Facts of the case:
The appeal arises from a claim against a motor accident involving the deceased Ashok, with evidence indicating negligent driving of a dumper resulting in the fatal incident.
Findings of Court:
Tribunal's awarded compensation was inadequate; the court determined a higher compensation amount including loss of dependency and consortium.
Issues: The main issue pertained to the accurate income assessment of the deceased and subsequent compensation calculations.
Ratio Decidendi: The court reiterated the necessity of considering actual income and future potential income while evaluating dependency loss, setting parameters for reliable evidence in claims.
Result: The appeal is partly allowed with revised compensation awarded.
| Table of Content |
|---|
| 1. overview of compensation claim initiated due to a fatal accident. (Para 1 , 2) |
| 2. arguments presented by appellants regarding inadequate income assessment. (Para 5 , 6) |
| 3. court's deliberation on financial evidence and recalibration of compensation. (Para 9) |
| 4. final determination of enhanced compensation for appellants. (Para 10) |
JUDGEMENT
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1. Being aggrieved by and dissatisfied with the judgment and award dated 22.01.2018 passed by the learned Motor Accident Claims (Aux.) Tribunal, City Civil Court, Ahmedabad in Motor Accident Claims Petition No.568 of 2013, the appellants / original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act , 1988 (hereinafter referred to as ‘the Act’).
2. The following facts emerge from the record of the appeal:
2.1 That the accident took place on 07.09.2013. It was the case of the claimants that deceased Ashok was coming towards his home from Kathwada side by driving his motorcycle bearing Registration No.GJ-27- Q-1680. It was the case of the claimants that when the deceased reached on Sidhar Road after crossing Odhav Ring Road Circle, a dumper bearing Registration No.GJ-18-AV-5360 came by driving in full speed in a rash and negligent manner and dashed into the back side of the motorcycle of the deceased because of which the deceased fell down and sustained serious injuries and succumbed to the same. An FIR was lodged with jurisdictional Police Station and int eh present claim petition was filed under Section 166 of the Act and claimed compensation of Rs.50,00,000/-. It was the case of the claimants that deceased was serving in Apurvi Industries upto March 2013 and was earning Rs.20,000/- per month. It was the case of the claimants that thereafter he started his own as Proprietor of Setu Industries and was earning Rs.30,000/- per month. The appellants / original claimants examined wife of the deceased – Akshataben at Exh.31. One Satishkumar Morarbhai Patelat Exh.46 who was serving in Apurvi Industries as Human Resource Executive. The claimants further examined one Gautambhai Kanaiyalal Nadar at Exh.52 who was the Income Tax Adviser of the deceased. The claimants further examined one Rajesh Gaurishankar Yadav at Exh.59 who had seen the occurrence of the accident. Over and above the same, the claimants relied upon plethora of following documentary evidence:
| Exh.32 | Income-tax return for the yaer 2014-15 |
| Exh.34 | Certified copy of the complaint |
| Exh.35 | Certified copy of the Panchnama of place of accident |
| Exh.36 | Certified copy of the inquest panchnama |
| Exh.37 | Certified copy of the charge-sheet |
| Exh.38 | Certified copy of the P.M. Report |
| Exh.39 | Copy of the PAN card of deceased Ashokumar |
| Exh.40 | Bank statement of the Setu Industries |
| Exh.41 | Counter foils of the bank towards depositing of an amount |
| Exh.42 | TDS Form No.16A Form-2 |
| Exh.47 | Summary salary report of Apurvi Industries |
| Exh.48 | Salary certificate |
| Exh.49 | TDS Form 26-AS |
| Exh.50 | TDS Sheet of Apurvi Industries |
| Exh.51 | I-card of witness Satish M. Patel of Apurvi Industries |
| Exh.53 | Registration Certificate of Sety Industries with the District Industries Centre, Ahmedabad |
| Exh.32 | Income-tax return for the yaer 2014-15 |
| Exh.34 | Certified copy of the complaint |
| Exh.35 | Certified copy of the Panchnama of place of accident |
| Exh.36 | Certified copy of the inquest panchnama |
| Exh.37 | Certified copy of the charge-sheet |
| Exh.38 | Certified copy of the P.M. Report |
| Exh.39 | Copy of the PAN card of deceased Ashokumar |
| Exh.40 | Bank statement of the Setu Industries |
| Exh.41 | Counter foils of the bank towards depositing of an amount |
| Exh.42 | TDS Form No.16A Form-2 |
| Exh.47 | Summary salary report of Apurvi Industries |
| Exh.48 | Salary certificate |
| Exh.49 | TDS Form 26-AS |
| Exh.50 | TDS Sheet of Apurvi Industries |
| Exh.51 | I-card of witness Satish M. Patel of Apurvi Industries |
| Exh.53 | Registration Certificate of Sety Industries with the District Industries Centre, Ahmedabad |
2.2 The Insurance Company produced on record the Insurance Policy at Exh.51A. The Tribunal, after considering the evidence on reco
