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Judgment
Gita Gopi, J
By the judgment and order dated 21.07.2022, seven first appeals were decided which had arisen out of the judgment and award passed in the Motor Accident Claim Petitions which were raised towards the common accident.
Learned advocate Mr. R. K. Mansuri for the appellants stated that the present first appeal is also connected as the Motor Accident Claim Petition No. 23 of 2018 arose from the same accident.
The facts of the case, as emerged from record, suggest that on 14. 11.2017 at about 3:30 a.m. the accident took place on Lunavada to Modasa four lane roadm, in the outskirts of village: Ambaliya of Malpur Taluka. Deceased Sardarbhai Dhirubhai Ninama was the driver of the Tractor Trolley, bearing registration No. GJ-20-TC-47 and the deceased, along with Shankarbhai Rajsinhbhai and other labourers left towards the road on Lunavada to Malpur and while they were on the road, a Truck bearing registration No. RJ-27-GB-1848 came in excessive speed in rash and negligent manner, endangering human life and dashed with the tractor trolley from the rear side and because of that, the tractor trolley was thrown off on the left side of the road which dashed with the cabin which was located on the side of the road and the driver of the tractor trolley – Sardarbhai Ninama and others sustained serious injuries. Seven persons died on the spot, which included Sardarbhai Ninama and son of the deceased – Vipulbhai as well as other persons, sustained serious injuries.
The learned advocate for the appellants submitted that admitted fact was that the deceased was the driver on the tractor trolley and considering the date of accident, the learned Tribunal ought to have considered the Minimum Wage Schedule to grant the compensation accordingly.
As against this, learned advocate Mr. Rathin Raval for the respondent No. 3 - insurance company submitted that the learned Tribunal has considered just and reasonable income of the deceased since no cogent evidence has been produced on record to prove that the deceased was regularly earning as a driver and has submitted that the deceased’s earning, as noted by the learned Tribunal as Rs.5,500/- is required to be considered. He further stated that the learned Tribunal has made an error in adding the prospective rise in income as 40%.
According to the minimum wage of the skilled person as a driver who is considered as a skilled person as per the Minimum Wage Schedule prevalent in the State of Gujarat, the deceased would be entitled for monthly income of Rs.7,946/-. The age of the deceased was 40 years, 06 months and 15 days and hence, prospective rise in income at 25% is required to be considered. The dependents are five in number and hence, 1/4th deduction from the income is required to be made. Further, considering the age of the deceased, a multiplier of 15 would be applicable and hence, the dependency loss would come to Rs.13,41,000/- (Rs.7,946 + 1987 = 9,933 – 1/4th i.e. 2,483 = 7,450 x 12 x 15). The deceased died leaving behind four minors and widow and hence, as per the decision of the Hon’ble Apex Court in Magma General Insurance Company Limited v. Nanu Ram alias Chuhru Ram & Ors., (2018) 18 SCC 130, the dependents would be entitled to Rs.40,000/- each towards loss of consortium and the dependents being five in number, the amount under the head of loss of consortium would be Rs.2 lakh. Further, following the decision of the Hon’ble Apex Court in National Insurance Company Limited v. Pranay Sethi & Ors., (2017) 16 SCC 680, for loss of estate, Rs.15,000/- and towards funeral expenses, Rs.15,000/- is required to be granted. Hence, the computation of total compensation under different heads would be as under:
Head
Amount (Rs.)
Dependency Loss
13,41,000/-
Loss of Consortium
2,00,000/-
Loss of Estate
15,000/-
Funeral Expenses
15,000/-
Total
15,71,000/-
6.1 The learned Tribunal has considered 20% negligence of the deceased, which would be deducted from the above computation. Hence, Rs.3,14,200/- on being deducted, the claimants would be entitled to Rs.12,56,800/- towards compensation. The learned Tribunal has granted the compensation to tune of Rs.9,20,320/-. Thus, the enhanced amount would be Rs.3,36,480/-.
In view of the above, present appeal succeeds and is accordingly, allowed in part. The impugned judgment and award dated 26.04.2019 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Modasa in Motor Accident Claim Petition No. 23 of 2018 is modified to the aforesaid extent and it is held that the appellants – claimants would be entitled to total compensation of Rs.12,56,800/-. Accordingly, the enhanced amount of Rs.3,36,480/-, as aforesaid, is directed to be deposited within eight weeks. The appellants – claimants shall be entitled to interest at the rate of 7.5% on such enhanced amount. R&P, if received, be transmitted back forthwith.