Facts
On December 11, 2022, the deceased, Narvatsinh Bharatsinh Rathod, was killed when a rashly driven vehicle (GJ.12.B.W.0928) hit his bicycle
Source reference: p. 1-2The Motor Accident Claims Tribunal (MACT), Kheda, awarded Rs. 16,93,500/- with 7.5% interest, assessing the deceased's monthly income at a nominal Rs. 7,500/- due to lack of documentary proof
Source reference: p. 1, 3-4The claimants (the widow, two minor children, and parents) appealed to the High Court seeking enhancement, contending that as a helper in Gujarat Vyapar Mandal supporting five members, his income was higher
Source reference: p. 2-3Issues
1. Whether the Tribunal erred in assessing the monthly income of the deceased at Rs. 7,500/- in the absence of documentary evidence
Source reference: p. 42. Whether the compensation awarded under conventional heads (consortium, funeral expenses, loss of estate) followed the settled legal principles
Source reference: p. 3, 5Law Applied
The court applied the minimum wage standards for skilled workers notified by the Government of Gujarat as of the date of the accident
Source reference: p. 4National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680 regarding the 40% addition for future prospects for a deceased aged 37 and the fixed amounts for conventional heads
Source reference: p. 3, 4Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram (2018) 18 SCC 130, which grants "parental," "spousal," and "filial" consortium to all legal representatives of the deceased
Source reference: p. 3, 5Chandra @ Chanda @ Chandraram & Anr. v. Mukesh Kumar Yadav & Ors. (2021) was cited regarding the assessment of income based on familial responsibility and oral evidence
Source reference: p. 3Reasoning
The High Court found the Tribunal’s assessment of Rs. 7,500/- per month too low. Considering the accident occurred in late 2022, the Court noted the state-notified minimum wage for skilled workers was Rs. 9,887.50, and thus reassessed the income at a rounded Rs. 10,000/- per month
Source reference: p. 4The Court applied a 40% addition for future prospects (reaching Rs. 14,000/-) and deduced 1/4th for personal expenses given there were five dependents (reaching Rs. 10,500/-)
Source reference: p. 4-5Using a multiplier of 15 based on the deceased's age (37), the "Future Loss of Dependency" was re-calculated to Rs. 18,90,000/-
Source reference: p. 5The Court also corrected the "meagre" conventional awards by granting Rs. 48,400/- per dependent for consortium and updating funeral and estate loss figures per Pranay Sethi standards
Source reference: p. 5Holding
The High Court partially allowed the appeal, answering that the income assessment and conventional awards required upward revision
It enhanced the total compensation from Rs. 16,93,500/- to Rs. 21,68,300/-, granting an additional sum of Rs. 4,74,800/-. The Court ordered the insurance company (Respondent No. 3) to deposit the additional amount with 7.5% interest within six weeks
Source reference: p. 5, 6Original Court PDF
HANSABEN NARVATBHAI RATHODvsDINANATHRAM BHAGESHWARRAM
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