Facts
On 23 February 2012, a collision between a scooter and an Indica car resulted in the death of Natubhai Selabhai @ Chhelabhai Thakor (Makwana).
Source reference: p.1–2, paras. 1–2His legal heirs sought compensation.
Source reference: p.1–2, paras. 1–2The Motor Accident Claims Tribunal assessed his monthly income at Rs.3,000, applied a 30% addition for future prospects, deducted one-fourth for personal expenses, and applied a multiplier of 14, awarding total compensation of Rs.5,11,400.
Source reference: p.1–2, paras. 1–2The claimants appealed, contending that the deceased’s income had been assessed incorrectly.
Source reference: p.2, paras. 3–5The insurer had not appealed against the Tribunal’s award.
Source reference: p.2, paras. 3–5Issues
1. Whether the deceased’s monthly income should be assessed at Rs.4,710 rather than Rs.3,000 for calculating compensation
Source reference: p.2, para. 62. Whether, upon reassessment, the claimants were entitled to enhancement of compensation, including amounts for future prospects and conventional heads
Source reference: p.2–3, paras. 6–7Law Applied
The Court relied on National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC 680, for the principles governing addition of future prospects and compensation under conventional heads in motor accident claims.
Source reference: p.2, para. 5; p.3, para. 6Applying those principles, the Court added 25% for future prospects given the deceased’s age of 45, deducted one-fourth towards personal expenses, and applied a multiplier of 14.
Source reference: p.2–3, para. 6The judgment does not identify a specific statutory provision.
Source reference: no citationReasoning
The Court accepted Rs.4,710 as the deceased’s income, noting that the insurer’s counsel was unable to controvert that figure.
Source reference: p.2, para. 6It recalculated the loss of dependency by adding 25% for future prospects, deducting one-fourth for personal expenses, and applying a multiplier of 14, producing Rs.7,41,888.
Source reference: p.3, para. 6It also awarded amounts under the conventional heads, bringing total compensation to Rs.10,40,888, in substitution for the Tribunal’s award.
Source reference: p.3, para. 6The judgment’s table states “52,000 x 6” for consortium while recording the consortium amount as Rs.2,60,000.
Source reference: p.3, para. 6Holding
The appeal was partly allowed.
The claimants were awarded an additional Rs.5,29,888, with interest at 9% from the date of the claim petition until realization.
Source reference: p.3–4, paras. 7–8The insurer was directed to deposit the enhanced amount within ten weeks of receiving the order; the amount was to be disbursed to the claimants by NEFT/RTGS after verification.
Source reference: p.3–4, paras. 7–8Original Court PDF
SHARDABEN NATUBHAI THAKORvsBHAVINABEN MANVESHBHAI SHAH
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