Civil Appeal Nos. 8131-8132 of 2014 (Arising out of SLP(C) Nos. 743-744 of 2014). Case: Ashvinbhai Jayantilal Modi Vs Ramkaran Ramchandra Sharma. Supreme Court (India)
| Case Number | Civil Appeal Nos. 8131-8132 of 2014 (Arising out of SLP(C) Nos. 743-744 of 2014) |
| Judges | V. Gopala Gowda and A.K. Goel, JJ |
| Issue | Code of Civil Procedure |
| Judgement Date | September 25, 2014 |
| Court | Supreme Court (India) |
Judgment:
V. Gopala Gowda, J.
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These appeals have been filed by the Appellant against the impugned common judgment and order dated 18.6.2013 passed in First Appeal No. 1064 of 2005 with First Appeal No. 1555 of 2005 by the High Court of Gujarat at Ahmedabad, wherein the High Court dismissed First Appeal No. 1064 of 2005 which was filed by the claimant and allowed First Appeal No. 1555 of 2005 which was filed by the Insurance Company.
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The necessary relevant facts are stated hereunder to appreciate the case with a view to determine whether the Appellant, Ashvinbhai Jayantilal Modi, the father of Raj (deceased) is entitled for relief as prayed in this appeal.
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On 12.07.2002, Raj Ashvinbhai, the deceased was heading to Istanpur from Uttamnagar on his two-wheeler. While on his way, near Bhadvatnagar bus stand, a truck bearing registration No. GQA 7215 belonging to the Respondent, Ramkaran Ramchandra Sharma crashed into the two-wheeler on which Raj was riding. Due to the force created by this accident, Raj's two-wheeler slid for about 25 feet while Raj fell down and sustained grievous injuries. Thereupon he was taken to L.G. Hospital wherein he succumbed to his injuries. On the same day, a panchnama was filed before the Vatva Police Station, Ahmedabad.
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The claimant-Appellant filed a claim petition before the Motor Accidents Claims Tribunal (in short 'the Tribunal') at Ahmedabad, claiming Rs. 28,73,000/- as compensation. The Tribunal ascertained the future income of the deceased at Rs. 18,000/- per month. 1/3rd of the monthly income was deducted towards personal expenses. Therefore, Rs. 12,000/- per month (Rs. 1,44,000/- p.a.) was calculated for the loss of dependency to the parents of the deceased. Since the age of the deceased at the time of his death was 19 years, on applying the appropriate multiplier of 16, the total compensation towards loss of dependency was arrived at Rs. 23,04,000/-. A sum of Rs. 15,000/- was awarded towards love and affection and Rs. 5,000/- towards funeral expenses and thus a total compensation of Rs. 23,24,000/- was arrived at by the Tribunal. The Tribunal apportioned contributory negligence at 20% on the part of the deceased and 80% on the driver of the offending truck and thus, after making 20% deduction towards contributory negligence on the part of the deceased the Tribunal awarded an amount of Rs. 18,59,200/- with interest at the rate of 9% per annum to the Appellant.
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