Prabhaben Dhanjibhai Chudasama vs Dulamsinh Ramsundarsinh Rajput

Gita Gopi, J

Challenge in these appeals is given to the common judgment dated 5.4.2022 passed in MACP nos.21/20 and 25/20 by MACT (Aux), Bhavnagar at Mahuva. First Appeal no.2622/22 is related to MACP no.21/20 while First Appeal no.2624/22 is related to MACP no.25/20.

Facts of the case as can be culled out from the impugned judgment are to the effect that on 6.5.2020 at about 10.15 a.m., the deceased-Dhanjibhai and Alpeshbhai Dhanjibhai Chudasama were going towards Mahuva. The motorcycle was driven by Dhanjibhai and injured Alpeshbhai was a pillion rider. When they reached near Village Bhadrod, at that time, a truck bearing registration no. GJ-1 VV-8139 came in a rash and negligent manner and in excessive speed and dashed with the motorcycle from behind. As a result of which, Alpeshbhai has sustained injuries and Dhanjibhai suffered grievous injuries and succumbed to death.

In MACP no.21/20, the deceased was aged about 46 years and was doing labour work, while in MACP no.25/20, Alpeshbhai was aged about 22 years old at the time of the accident and was also working as a labourer.

Learned advocate Mr. Bhalodi submitted that the income has not been considered in accordance to the date of the accident keeping in view the minimum wages schedule and hence, submitted that prospective rise is also required to be considered in fatal case with benefit of consortium loss and other amount under various heads. While referring to the injury case, Mr. Bhalodi submitted that the amount under the head of pain, shock and suffering is on the lower side and the actual loss has to be considered as per the minimum wages schedule.

Per contra, learned advocate Mr. Vibhuti Nanavati has submitted that the assessment is in accordance to the evidence on record and there is no documentary evidence to substantiate the fact that both the persons were working as labourers.

In MACP no.21/20, the learned Tribunal has assessed the income of the deceased as Rs.5,500/-. In accordance to the material supplied with regard to the minimum wages schedule, the income of the deceased is required to be assessed as Rs.8,437/-. Since the deceased was aged about 46 years, 25% rise in prospective income has to be assessed and hence, accordingly, the income would be Rs.10,546.25, which is rounded off to Rs.10,546/-. Considering 5 dependents, one-fourth is deducted as personal expenses and thus, the monthly dependency would be Rs.7,910/- (Rs.10,546/- - Rs.2,636/-). The future dependency, by applying multiplier of 13, to annual loss would come to Rs.12,33,960/- (Rs.7,910/- x 12 x 13). Taking into consideration the facts of case, it would be just and appropriate to grant consortium loss to the mother and widow of the deceased as submitted by Mr. Bhalodi for the claimants and thus, under the head of consortium loss, Rs.80,000/- is granted. As per the decision in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, an amount of Rs.15,000/- is granted under the head of loss to estate and an amount of Rs.15,000/- is granted towards funeral expenses. Thus, the computation of income would be as under:-

Loss of dependency

Rs.12,33,960/-

Loss of consortium

Rs. 80,000/-

Loss to estate

Rs. 15,000/-

funeral expenses

Rs. 15,000/-

Total compensation

Rs.13,43,960/-

As the Tribunal has granted compensation of Rs.8,74,500/- in MACP no.21/20 with interest at the rate of 9% per annum, the appellants-claimants would be entitled to the enhanced amount of compensation of Rs.4,69,460/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization. The enhanced amount is directed to be deposited within eight weeks from the date of receipt of writ of this Court.

In MACP no.25/20, the learned Tribunal has considered 10% disability of the body as a whole of the injured relying upon the disability certificate by the orthopedic surgeon – Dr. Raju Vyas, Shubhkamna Hospital, Mahuva. The said assessment is in accordance to the evidence on record. Considering the monthly income of Rs.8,437/-, 10% disability with multiplier of 18, the amount under the future loss of income would come to Rs.1,82,239/-. The learned Tribunal has granted Rs.5,000/- under the head of pain, shock and suffering. Taking into consideration the disability and the fact that he was admitted for operation on 6.5.2020 and discharged on 11.5.2020 and thereafter, had continued his treatment, he suffered pain for about a year because of the injury on head and abdomen and hence, under the head of pain, shock and suffering, an amount of Rs.10,000/-has been awarded. In coordination with the fact of hospitalization and follow up treatment, the amount under the head of transportation, diet and attendant expenses granted of Rs.2,000/- requires increase and this Court considers just amount of Rs.10,000/- to be granted under the head of special diet, attendant and transportation. In accordance to the income assessed herein, the actual loss for about 2 months comes to Rs.16,874/-. Thus, the computation would be as under:-

Future loss of income

Rs.1,82,239/-

Pain, shock and suffering

Rs. 10,000/-

Special diet, attendant and transportation

Rs. 10,000/-

Actual loss of income

Rs. 16,874/-

Total compensation

Rs.2,19,113/-

As the Tribunal has granted compensation of Rs.1,31,500/- in MACP no.25/20 with interest at the rate of 9% per annum, the appellant-claimant would be entitled to the enhanced amount of compensation of Rs.87,613/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization. The enhanced amount is directed to be deposited within eight weeks from the date of receipt of writ of this Court.

The impugned judgment and award be modified accordingly. The appeals are partly allowed. Registry is directed to send the record and proceedings back to the Tribunal, if received.