Jesingbhai Valjibhai Vaniya vs Vs Chandresh Manilal Chandarana & Anr.

J. C. Doshi, J

The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellants – original claimants challenging the judgment and award passed by the Learned Motor Accident Claims Tribunal (Aux.) Amreli dated 29.08.2009 in M.A.C. Petition No. 207 of 2000, by which the tribunal awarded compensation of Rs.90,261/- with 7.5% interest to the claimants from the date of application till its realization, holding insurance company liable.

The brief facts of the case are that accident that occurred on 31-01 2000 at about 3-00 hours noon on Amreli-Ishvariya road nearby village Ishvariya within the jurisdiction of Amreli Taluka Police Station. It is the case of the applicants that deceased Rameshbhai Gandabhai Vaniya, Jesingbhai Valjibhai and Shamjibhai Savjibhai, by traveling in Bullet Motor- cycle its Registration no. GJ.4.L. 2781, they were going from Village Vikaliya to Amreli. It is further alleged by the claimant that at the relevant point of time the said Bullet motor cycle was being driven by Shri Jesingbhai Valjibhai and deceased Rameshbhai Gandabhai Vaniya and Shamjibhai Savjibhai were pillion rider on the said Bullet motor cycle and when they reached nearby Village Ishvariya, one Truck bearing its Registration No. GJ.14.T-4164, being driven by driver at excessive speed and in rash and negligent manner and by flouting the traffic rules came from opposite side and while overtaking the another vehicle going ahead the truck, he takes the offending truck on wrong side of the road, as a result of which he lost control over the steering of the truck and rear wheel of the said Truck dashed with the motor-cycle over which claimants were traveling and impugned accident took place and one of the pillion rider Rameshbhai Gandubhai died due accidental injuries and driver of the motor-cycle and other pillion rider sustained serious bodily injuries and also caused damage to the Bullet motor-cycle as mentioned in their respective claim petitions.

The claim petition came to be filed by the present appellants claiming compensation of Rs.8,00,000/- from the respondents wherein the tribunal was considering oral as well as documentary evidence led by the parties and submissions made at the bar partly allowed the claim petition by awarding compensation as noted above.

Heard learned advocates for the parties.

Learned advocate Mr.Pandya for the appellant - claimant has submitted that the tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount of award is on lower side as the tribunal has not properly considered the various aspects; like prospective income of the injured, negligence, liability and family circumstances, etc. He has submitted that the injured was aged about only 22 years at the time of accident and was doing diamond polishing job and was earning Rs.5,000/- however the tribunal in absence of any proof considered his notional income at Rs.1,500/-. He has submitted that the tribunal has erred in considering the prospective income and deduction of personal expenses.

5.1 He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.

Per contra, Ms.Rehvar, learned advocate for respondent – Insurance Company has submitted that the impugned judgment and award passed by the Tribunal is just and proper. The Tribunal has rightly considered the income of the injured, the age of the injured, the dependency and future aspect of income. He has submitted that under the head of loss of estate and funeral expenses, the Tribunal has rightly awarded compensation. He has submitted that the amount under the head of loss of consortium is just and proper. He has submitted that this appeal may be dismissed and no interference be made by this Court.

It is noteworthy to mention that the provisions of the Motor Vehicles Act, 1988 which gives paramount importance to the concept of ‘just and fair’ compensation. It is a beneficial legislation which has been framed with the object of providing relief to the victims or their families. Section 168 of the Motor Vehicles Act deals with the concept of ‘just compensation’ which ought to be determined on the foundation of fairness, reasonableness and equitability. Although such determination can never be arithmetically exact or perfect, an endeavor should be made by the Court to award just and fair compensation irrespective of the amount claimed by the claimants.

I have considered the submissions made by the rival parties. I have perused the record and proceedings of the Tribunal. I have gone through the impugned judgment and award passed by the learned Tribunal. From the record, it transpires that the injured was aged about 22 years and was doing agricultural work. So far as his monthly income is concerned, no documentary evidence has been produced. But, in view of the judgment of the Hon'ble Apex Court in case of Chandra @ Chanda @ Chandraram and another Vs. Mukesh Kumar Yadav and others reported in (2022) 1 SCC 198 wherein it is observed that merely because claimants were unable to produce documentary evidence to show the monthly income of deceased, same does not justify adoption of lowest tier of minimum wage while computing the income. Therefore, it would meet the ends of justice if monthly income is considered Rs.2,000/- as provided under the notification of minimum wages prevailing at the relevant point of time. By adding 40% prospective income, total income comes to Rs.2800/- per month and applying multiplier of 18 as per the ratio laid down by the Hon'ble Apex Court in the case of Sarla Verma versus Delhi Transport Corporation reported in (2009) 6 SCC 121, it would come to Rs.1,20,960/- as future loss, which is required to be awarded to the claimants.

Therefore, total compensation would be as under, which the claimant/s is/are entitled to get.

Particulars

Amount (Rs.)

Future Loss of Income

1,20,960/-

Actual loss of income

6,000/-

Pain shock and suffering

15,000/-

Medical Expenses

31,326/-

Attendant and Special Diet

8,000/-

Total

1,81,286/-

Less : 20% Contributory Negligence

36,257/-

Total

1,45,029/-

Already awarded by the tribunal

90,261/-

Enhanced amount of compensation

54,768/-

Therefore, I hold that the claimants are entitled to get the total amount of compensation of Rs.5,48,876/- with 7.5% p.a. interest from the date of filing the claim petition till its realisation, which would meet the ends of justice. Rest of the direction(s) of the Tribunal remain same.

For the reasons recorded above, the following order is passed.

The present appeal is partly allowed.

14.1 The Insurance Company is directed to deposit the enhanced amount Rs.54,768/- with 7.5% p.a. interest from the date of claim petition till its realization before the concerned Tribunal, within a period of six weeks from the date of receipt of this order.

14.2 The Tribunal shall disburse the entire awarded amount lying in the FDR and/or with the Tribunal, with accrued interest thereon, if any, to the claimants, by account payee cheque / NEFT / RTGS, after proper verification and after following due procedure.

14.3 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.

14.4 Record and proceedings be sent back to the concerned Tribunal, forthwith.