DIVISIONAL CONTROLLER vs SANTPYARIBEN ASHOKBHAI PARMAR

C/FA/122/2015 JUDGMENT DATED: 29/10/2026
(GJHC240415432015)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 122 of 2015
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DIVISIONAL CONTROLLER
Versus
SANTPYARIBEN ASHOKBHAI PARMAR & ORS.
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Appearance :
MR HARDIK C RAWAL(719) for the Appellant(s) No. 1
MR DN PANDYA(545) for the Defendant(s) No. 1,2,3
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CORAM : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA

Date : 29/10/2026

ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
[1] On 01.10.2006, an accident occurred between a bus and a
bicycle, as a result of which the rider of the bicycle, who was
working as a sweeper in the Railways and was aged about 32
years, was killed. As a result, his legal heirs initiated claim
proceedings, and the Tribunal, after considering the evidence,
came to the conclusion that the driver of the bus was
responsible for the accident. It thereafter concluded that his
monthly income was Rs.8,684/-, and on that basis, proceeded to
ultimately award a sum of Rs.20,30,744/-.
[2] Being aggrieved by the said award, the State Road
Transport Corporation, which was the owner of the bus, has
preferred the present appeal, principally contending that the
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C/FA/122/2015 JUDGMENT DATED: 29/10/2026
(GJHC240415432015)
Tribunal erred in attributing 100% negligence to the driver of
the bus. It is also sought to be contended that certain sums
awarded towards loss of consortium are excessive or
impermissible.
[3] Learned counsel for the claimants, on the other hand,
strenuously contends that the sums awarded by the Tribunal are
just and proper and do not require any modification.
[4] As far as the argument regarding negligence is concerned,
the learned counsel for the claimants has placed the charge-
sheet before us, which indicates that the charge-sheet was laid
against the driver of the bus. In light of the judgment rendered
by the Hon’ble Supreme Court in the case of Mangla Ram
versus the Oriental Insurance Co. Ltd. & ors. reported in
2018 (5) SCC 656 , we will have to hold that the driver of the
bus was negligent and responsible for the accident, and this has
been rightly held by the Tribunal.
[5] As far as income is concerned, the salary slip indicates
that the deceased was drawing a sum of Rs.8,684/- per month.
The Tribunal, taking note of the fact that he was a railway
employee, has correctly added 50% towards future prospects
and has thereafter deducted 1/4th.
[6] In our view, therefore, the sum awarded towards loss of
dependency at Rs.18,75,744/- cannot be found fault with.
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C/FA/122/2015 JUDGMENT DATED: 29/10/2026
(GJHC240415432015)
However, the award towards loss of consortium and loss of
estate will have to be retabulated in terms of the ratio laid down
by the Hon’ble Supreme Court in the case of National
Insurance Company Ltd. v. Pranay Sethi and others
reported in (2017) 16 SCC 680 .
[7] According to the judgment in Pranay Sethi's case, the
three legal heirs would each be entitled to a sum of
Rs.1,56,000/- (52,000 x 3) apart from the conventional head.
Thus, in substitution of the award of the Tribunal, it is held that
the claimants are entitled to the following sums:-
Income (8684 X 12) Rs.1,04,208/-
Prospective Income (50%) Rs.52,104/-
Total Rs.1,56,312/-
Deduction (1/4th) - Rs.39,078/-
Dependency Loss Rs.1,17,234/-
Multiplier X 16
Future Loss of income Rs.18,75,744/-
Consortium (52,000 x 3) Rs.1,56,000/-
Loss of Estate Rs.19,500/-
Funeral Rs.19,500/-
Total Rs.20,70,744/-
Awarded Rs.20,30,744/-
Additional Compensation Rs.40,000/-
[8] For the foregoing reasons, the present first appeal stand
disposed of. The claimants are entitled to an additional sum of
Rs.40,000/- with 9% interest from the date of the claim petition
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C/FA/122/2015 JUDGMENT DATED: 29/10/2026
(GJHC240415432015)
filed by the claimants before the Tribunal till its realization. The
enhanced amount shall be deposited by the Gujarat State Road
Transport Corporation within a period of TEN weeks from the
date of receipt of copy of this order.
[9] The enhanced amount which shall be deposited by the
Gujarat State Road Transport Corporation pursuant to this
order shall be disbursed to the claimants upon proper
verification by NEFT / RTGS.
[10] R & P if called for, be sent back to the concerned Court
forthwith.
(N.S.SANJAY GOWDA, J.)
(J. L. ODEDRA, J.)
DHARMENDRA KUMAR
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