This first appeal challenges awards by the Motor Accident Claims Tribunal. The Court partly allowed one appeal, reducing the multiplier to five and interest rate to twelve percent based on Supreme Court precedents, and dismissed the other appeals as unmeritorious.
Compensation reduced to Rs.1,45,000; interest rate changed from 15% to 12%.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FA/783/1997
1/5
JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL No. 783 of 1997
To
FIRST APPEAL No. 786 of 1997
For Approval and Signature:
HONOURABLE MR.JUSTICE KS JHAVERI
=========================================================
Whether this case involves a substantial question
=========================================================
JUVANSING BHIMSINH JADEJA & 2 - Appellant(s)
Versus
JAYABEN S MISTRY & 9 - Defendant(s)
=========================================================
Appearance :
MR SUNIL PARIKH for MR RAJNI H MEHTA for Appellant(s) : 1 - 3. MS HETABEN H SHAH for Defendant(s) : 1, None for Defendant(s) : 2 - 6. NOTICE SERVED for Defendant(s) : 7 - 8, 10, MS LILU K BHAYA for Defendant(s) : 9,
=========================================================
FA/783/1997
2/5
JUDGMENT
CORAM : HONOURABLE MR.JUSTICE KS JHAVERI
Date : 03/02/2012
ORAL COMMON JUDGMENT
FA/783/1997
3/5
JUDGMENT
contended on behalf of the appellant Insurance Company that the monthly income assessed by the Tribunal at Rs.5,000/- is erroneous since there is no documentary evidence on record to prove the same. Therefore, it is submitted that the total amount awarded under the head of loss of dependency deserves to be reduced. However, even if the prospective monthly income of the deceased is assessed at Rs.3,000/- and thereafter effect the deduction of 1/4th amount and adopt the multiplier of 15, in view of the decision of the Hon'ble Apex Court in case of Sarla Verma v. Delhi Transport Corporation & anr, (2009) 6 S.C.C. 121 the total amount of compensation would have exceeded the amount awarded by the Tribunal, Hence, I do not find any reasons to entertain First Appeal No. 783/1997.
FA/783/1997
4/5
JUDGMENT
Tribunal. So far as income awarded under other heads are concerned, the same are just and appropriate and I find no reasons to disturb the same.
FA/783/1997
5/5
JUDGMENT
complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeal.
[K.S. JHAVERI, J.]
/phalguni/
3 issues framed by the court
Whether the multiplier applied by the Tribunal was erroneous.
Whether the rate of interest awarded by the Tribunal was excessive.
Whether the assessed monthly income of the deceased was supported by evidence.
Colour shows how this judgement treated each authority
JUUVANSING BHIMSINH JADEJA & 2 (Insurance Company)
JAYABEN S MISTRY & 9 (Claimants)
KS JHAVERI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court