Gujarat High Court
Ajuben @ Ajutiben vs Karamshibhai Jivrambhai Patel & on 30 March, 2016
Author: K.J.Thaker
Bench: K.J.Thaker
C/FA/1546/2004 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 1546 of 2004
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE K.J.THAKER
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1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy of NO
the judgment ?
4 Whether this case involves a substantial question of NO
law as to the interpretation of the Constitution of
India or any order made thereunder ?
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AJUBEN @ AJUTIBEN,WD/O MEHABHAI PRABHABHAI & 2....Appellant(s)
Versus
KARAMSHIBHAI JIVRAMBHAI PATEL & 1....Defendant(s)
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Appearance:
MR MOHANBHAI DESAI, ADVOCATE for the Appellant(s) No. 1 - 3
MS KARUNA V RAHEVAR, ADVOCATE for the Defendant(s) No. 2
NOTICE NOT RECD BACK for the Defendant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE K.J.THAKER
Date : 30/03/2016
ORAL JUDGMENT
1. The appellants-original claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988, praying that the Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Apr 01 01:43:40 IST 2016 C/FA/1546/2004 JUDGMENT judgment and award dated 04.12.2003 passed by the MACT (Main), Banaskantha District at Palanpur in MACP No.40 of 2001 be modified and additional compensation of Rs.1,43,000/- be awarded to the claimants over and above the compensation awarded by the Tribunal together with cost and interest at the rate of 9%.
2. The claim petition was filed under Section 163-A of the Motor Vehicles Act. The Insurance Company is not before this Court. The claim amount was Rs.3,58,000/- for the accident which had occurred on 10.08.2001 at about 11:00 p.m. in the sim of Village Vedala on the road side situated besides the filed named Andhariwala area. The vehicle involved in the accident was a tractor bearing registration No.GJ-8-C - 8818. The driver, owner and the insured were all before the Tribunal, however, before this Court the owner has chosen not to appear. The Insurance Company has not come up in appeal before this Court. It is the claimant who has come in an appeal.
3. The applicant No.1 - Ajuben @ Ajutiben widow of Harijan Mehabhai Prabhabhai has filed the affidavit and also produced the documentary evidence list Exh.4, certified copies of complaint, panchnama, post-mortem report, original medical certificates issued by Vishwas Orthopaedic Hospital, Deesa, certified copy of injury certificate, xerox copies of R.C.Book, Policy Schedule of Insurance and certified copy of police statement of complainant Vanabhai. Thereafter applicants have produced vide D.E.List Exh.10 certificate from Vedala Group Gram showing that the parents of deceased are dead. The Insurance Company has produced D.E.List Exh.20 a Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Apr 01 01:43:40 IST 2016 C/FA/1546/2004 JUDGMENT certified copy of policy schedule of insurance valid for the period from 26.03.2001 to 25.03.2002 covering the date of accident i.e. 10.08.2001. The Branch Manager of Insurance Company - Mr.Dilipkumar Ramkrishna Dalal has filed his affidavit at Exh.25. Thereafter the applicants have produced vide D.E. List Exh.23 xerox copy of letter of Govt. Labour Officer, Palanpur showing minimum wages prevalent for labourer in the year 2001.
4. It is an admitted position of fact that the deceased was 45 years of age and would fall in the age group of 45 to 50 years. It is also an admitted position of fact that there is no evidence regarding the income of the deceased. The Tribunal has held that the deceased was agricultural labourer and therefore his income has been considered at Rs.1,600/- per month which works out to Rs.19,200/- per year. The Tribunal has awarded the amount of compensation at the rate of Rs.1,63,100/- with running interest at the rate of 9% p.a. from the date of application till payment along with proportionate costs of the application.
5. Ms.Karuna Rahevar, learned advocate appearing for the respondent No.2 has contended that the income cannot be said to be on lower side. She further contended that in the factual scenario as it emerged that the accident had occurred way back in the year 2001 and the income could not have been considered at Rs.36,000/- per year. She further contended that the rate of interest in those days will be at 7.5% but the Tribunal has awarded the interest at the rate of 9%, and therefore, the award does not call for any interference by this Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Apr 01 01:43:40 IST 2016 C/FA/1546/2004 JUDGMENT Court.
6. Having gone through the impugned judgment and award of the Tribunal, I find that the multiplier given to the claimant is just and proper and the deceased had a widow and two sons and therefore 1/3rd amount has also been properly deducted from the compensation which was awarded to the claimants. Hence the appeal fails and is dismissed. There shall be no order as to costs. Record & Proceedings, if any, shall be sent back to the Tribunal forthwith.
(K.J.THAKER, J) syed/ Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Apr 01 01:43:40 IST 2016