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Bombay High Court

SHARADABEN MAHENDRAKUMAR PANCHAL AND ANRversusSALAUDDIN AHMEDBHAI MANVA AND ANR

Decided
Disposal
Disposed Off

Holding

The tribunal’s award was erroneous and is modified, enhancing the compensation to Rs. 22,31,710 with interest at 6% from the date of the petition.

Summary

The appellants, the widow and children of Mahendrakumar Bhikhabhai Panchal, appealed against a tribunal award following his death in a motor vehicle accident caused by a lorry driver. The dispute centered on the correct assessment of the deceased's annual income for compensation, as the tribunal had used an erroneous figure of Rs. 50,000 per annum, ignoring later income tax returns showing a higher income of Rs. 2,26,432 for the 1997-98 assessment year. The court also addressed the rate and commencement date of interest, finding that interest should be calculated at 6% from the date of the petition, not from the trial date. Relying on the documentary tax returns, the court recalculated the monthly income at Rs. 15,000 and accordingly enhanced the compensation award to Rs. 22,31,710. The appeal was allowed, the original award modified, and the respondents directed to pay the enhanced amount with interest.

Issues considered

  • Determination of the correct annual and monthly income of the deceased for compensation purposes.
  • Whether the tribunal erred in calculating interest at 7.5% from the trial date instead of 6% from the petition date.
  • Appropriateness of the tribunal's original compensation award in light of the income evidence.

Subjects

  • motor accident
  • compensation
  • income calculation
  • interest rate
  • insurance claim
  • family members
  • negligence
  • motor vehicle accident
  • death compensation

Judgment

                                                                                    21 Fa-177-2009.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                          FIRST APPEAL NO. 177 OF 2009

                       1. Sharadaben Mahendrakumar
                       Panchal, widow of the deceased

                       2. Shri Kirankumar Mahendrakumar Panchal
                       Son of the deceased

                       3. Miss Pravina Mahendrakumar Panchal
                       Daughter of the deceased
                       All R/at :- Room No. 6, Chawl No. 4,
                       Beretto Compound, Marve Road,
                       Malad (W), Mumbai – 400 064.                          ...Appellants

                                  Vs.

                       1. Shri Salauddin Ahmedbhai Manva
                       Hindustan Transport, Sayra Road,
                       Modasa Sabarkanta, Gujarat

                       2. United India Insurance Co. Ltd.
                       Mumbai Regional Office No. I,
                       5th Floor, Statidum House,
                       Veer Nariman Road Churchgate,
                       Mumbai – 400 020.                                     ...Respondents
                                                       *****

                               Mr. T. J. Mendon       Advocate for the Appellants
                               Mr. H. G. Misar        Advocate for the Respondent No. 2
                                                         *****

                                           CORAM :          S. M. MODAK, J.

          Digitally
                                           DATE   :         25th AUGUST 2026
          signed by
SEEMA     SEEMA
          KSHITIJ
KSHITIJ   YELKAR
          Date:
YELKAR    2026.08.28
          17:29:36
          +0530
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JUDGMENT :-

1.      Heard    learned    Advocate    Shri    Mendon       for        the

Appellants/original Claimants and learned Advocate Shri Misar for the

Respondent No. 2-Insurer.

2.      Deceased-Mahendrakumar Bhikhabhai Panchal was driving a

motor car on Mumbai-Ahmedabad Highway and when his vehicle

reached near Dhundalwadi on 24.09.1999, at that time, the motor

lorry came from wrong side and in the process of overtaking, motor

lorry dashed to the motor car. Mahendrakumar Panchal sustained

injuries and he died on the spot. The deceased was carrying business in

the name and style of Kiran Industries. His annual income was Rs.

1,30,000/-. Though in the claim petition, the Claimants have not

referred about return, during evidence the Claimants have produced

two income tax returns for the assessment year 1996-97, showing the

income as Rs. 46,000/- and for the assessment year 1997-98, showing

the income as Rs. 2,26,432/-. The learned Tribunal has arrived at

monthly income of the deceased to Rs. 50,000/- and subsequently

calculated the benefits.



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3.      This part of the findings is challenged by the Claimants by way

of this appeal. The Appellant No. 1- Sharadaben is widow. Whereas

Appellant No. 2- Kirankumar is son and Appellant No. 3-Pravina is

daughter. The Tribunal has given findings on the point of negligence

against the driver of the lorry. There was F.I.R. registered against the

lorry of driver. The Tribunal has also considered the spot panchnama.

Though the plea of the breach of the policy and absence of permit was

taken, the Insurance Company could not prove it. There is no

challenge about these findings.

4.      So the issue is limited about exact amount of the income of the

deceased.

5.      Both of them have invited my attention to the affidavit filed by

the Sharadaben being the wife of the deceased. She has referred about

yearly income of the deceased Rs. 1,30,000/-.

6.      Mr. Misar has invited my attention to the answer given by her

during cross-examination. She has stated that her husband was earning

Rs. 10,000/- per month. He also emphasized that accident took place

on 24.09.1999 and the return for the assessment year 1999-00 was not

filed. Mr. Mendon has got an explanation to offer. It is for the reason


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that Mahendrakumar was not alive when time for submitting the

return has arrived at as he died on 24.09.1999.

7.       Be that as it may, the Tribunal has to consider what is evidence

on record. The Tribunal was having oral evidence of the widow on one

hand and two returns on the other hand. It is pertinent to note that

these returns were filed when the deceased was alive. The Tribunal is

bound by what is stated in the returns. So, the mere answer given by

the widow during her cross-examination cannot be construed to the

detriment of the Appellants, because there is documentary evidence

available to assist the Court to arrive at monthly income of the

deceased.

8.       The Tribunal no doubt has considered the yearly income of Rs.

46,000/- for the year 1996-97. The tribunal has also recorded about

the assessment year 1997-98. However, the yearly income has not

referred by the Tribunal in that part of the judgment. On internal page

no. 9 of the judgment, the Tribunal further observed :-

        “Due to death of her husband, the business was closed
        down and they are not having any other source of
        income”.
9.       On this background, the annual income of the deceased was

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considered by the Tribunal was Rs. 50,000/- p.a.. This is certainly

erroneous findings.

10.     It is for the reason, the annual income for the next assessment

year 1997-98 was not considered. It is Rs. 2,26,432/-. If

simultaneously reading of these returns, it reveals that income of the

deceased has increased from the earlier assessment year.

11.     It is admitted fact that even the widow has not said in her oral

evidence about the annual income of the deceased in next assessment

year i.e. 1999-2000. So Court has to do some guess work. In the return

for the assessment year 1996-97, the gross total income shown is Rs.

46,000/-. Whereas for the assessment year 1997-98, gross total income

shown is Rs. 2,26,432/- (income from the salary and income from the

capital gains). So if this gross total income of Rs. 2,26,432/- is

considered also for the next assessment year, then monthly income

comes to Rs. 18,869.33/-. However, in absence of the mention in the

affidavit of widow and in absence of return for next assessment year,

this Court records that monthly income of the deceased ought to have

been for Rs. 15,000/-.

12.     One more interference is required is interest ought to have been


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granted from date of petition and not from date of trial i.e. 20.06.2007.

The Tribunal has not given any reasoning for granting interest from

date of trial so to say delay on the part of Claimants. So it has to be

from date of the petition.

13.     Learned Advocate Mr. Misar is right. The interest rate ought to

have been @ 6% instead of 7.5%.

14.     In view of that the compensation recalculated is as follows:-

   Name of the deceased           Mahendrakumar Bhikhabhai Panchal
   Age of deceased                                  39
   Income considered                           Rs. 15000/-
   Future Prospect                              Rs. 6000/-
   (15,000 X 40%)
   (Rs. 15000 + Rs. 6000)                      Rs. 21,000/-
   Personal expenses (1/3) –                   Rs. 7,000/-
   21,000 X 1/3=7000
   Rs. 21000 – Rs 7000 =                       Rs. 14,000/-
   Multiplier 18                          Rs. 25,20,000/-               A
   Rs. 14000 X 12 X 15
   Consortium for 3 Claimants              Rs. 1,44,000/-               B
   (Rs. 48,000X 3)
   Funeral Expenses                         Rs. 18,000/-                C
   Loss of Estate                           Rs. 18,000/-                D
   Total (A+B+C+D)                        Rs. 27,00,000/-               E
   (Less) Tribunal granted                 Rs. 4,68,290/-               F
   Enhancement amount                     Rs. 22,31,710/-               G
   (E-F)

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15.       Hence, following order :-

                                    ORDER

   (i)      The First Appeal is allowed.

   (ii)     The award dated 28.01.2008 passed by Member MACT,

            Mumbai in Application No. 4629 of 1999 is modified.

   (iii) Appellants are entitled to enhanced amount subject to

            deposit of deficit court fees.

   (iv) Respondent Nos. 1 and 2 are directed to deposit the

            amount of Rs. 22,31,710/- jointly and severally within the

            period of eight weeks from today alongwith interest at the

            rate of 6 % from the date of petition till the payment.

   (v)      On deposit of the amount, the Tribunal is directed to

            apportion 60% to Appellant No. 1, 20 % to Appellant No.

            2 and 20% to Appellant No. 3.

   (vi) The Tribunal to confirm whether the Appellant No. 2 and

            Appellant No. 3 have attained majority and if they have not

            attained the majority, the amount be paid to Appellant No.

            1 being their natural guardian.


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   (vii) Record and proceedings be transferred on a priority basis in

          any eventuality, within a period of four weeks from today.

16.     With the above observations, the First Appeal is disposed of.



                                       [S. M. MODAK, J.]




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