Facts
On May 12, 2019, Chirag Dwarkadas Patel was a passenger in a car driven by Opponent No. 1.
Source reference: p. 2Due to rash driving, a tyre burst, causing severe injuries to Chirag, who succumbed on May 14, 2019.
Source reference: p. 2The Motor Accident Claims Tribunal (MACT), Ahmedabad, partly allowed the claim petition (MAC No. 253 of 2019) but assessed the deceased's monthly income at only ₹8,500 based on minimum wages, despite evidence of higher previous earnings.
Source reference: p. 3The original claimants (mother and brother) appealed for enhancement of compensation.
Source reference: p. 2Issues
1. Whether the Tribunal erred in assessing the monthly income of the deceased at ₹8,500 by ignoring documentary evidence of past employment.
Source reference: p. 42. Whether the compensation awarded under conventional heads and loss of consortium requires enhancement in light of settled legal precedents.
Source reference: p. 6-7Law Applied
The Court applied Section 173 of the Motor Vehicles Act, 1988 regarding appeals.
Source reference: p. 1For the assessment of income based on guesswork in the absence of current pay slips, it relied on *Govind Yadav v. National Insurance Co. Ltd.* and *Meena Pawaia v. Ashraf Ali*.
Source reference: p. 4For calculating future prospects (40% for age 29) and the multiplier (17), it followed *Sarla Verma v. Delhi Transport Corporation*.
Source reference: p. 5Regarding conventional heads and consortium, it applied *National Insurance Co. Ltd. v. Pranay Sethi* and *Magma General Insurance Co. Ltd. v. Nanu Ram*, which grants ₹40,000 (plus 10% escalation) per dependent for loss of consortium.
Source reference: p. 6, 7Reasoning
The Court noted that while the deceased was not employed on the exact date of the accident (having left L&T Financial Services on April 22, 2019), his appointment letter [Exh. 42] and salary slips [Exh. 32] showing a net pay of ₹18,338 demonstrated his earning potential.
Source reference: p. 4The Court found the Tribunal’s reliance on minimum wages too restrictive and re-assessed the income at ₹12,500 per month as a "just" guesswork.
Source reference: p. 5It maintained a 50% deduction for personal expenses as the mother was the sole dependent (the brother being a major/earning member).
Source reference: p. 5Furthermore, the Court adjusted the conventional heads (funeral expenses and loss of estate) and consortium by adding a 10% statutory escalation to the *Pranay Sethi* benchmarks.
Source reference: p. 6-7Holding
The High Court partly allowed the appeal.
It enhanced the total compensation from ₹14,11,000 to ₹19,79,700, granting an additional amount of ₹5,68,700.
Source reference: p. 8This includes enhanced loss of dependency (₹17,85,000), medical expenses (₹1,10,000), and updated conventional heads (₹18,150 each for estate and funeral; ₹48,400 for consortium).
Source reference: p. 7The Insurance Company was directed to deposit the additional amount with interest within four weeks.
Source reference: p. 8Original Court PDF
Renukaben Dwarkadas Patel Mother & Anr. v. Shwetang Nareshkumar Patel & Ors. [First Appeal No. 4934 of 2023]
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