FA/247920/2001 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2479 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== URMILABEN RAMESHCHANDRA DODIYA & OTHERS Versus SALIMBHAI USMANBHAI SATI & OTHERS ====================================== Appearance : MR SANDIP C SHAH for Appellant(s) : 1 - 3. SERVED BY AFFIX.(N) for Defendant(s) : 1, NOTICE SERVED for Defendant(s) : 2, MR SUNIL B PARIKH for Defendant(s) : 3, MR AJAY L PANDAV for Defendant(s) : 4, RULE SERVED BY DS for Defendant(s) : 5, MR VIBHUTI NANAVATI for Defendant(s) : 6, ====================================== CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and FA/247920/2001 2/3 JUDGMENT HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 13/08/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Both the parties have submitted a joint agreed statement as under:- “The following amount was suggested and required to be enhanced as under:- Future prospective income to be considered: Rs.18,000/- Less: 1/3rd for personal expenses of deceased Rs.06,000/- ====== Hence, monthly loss of dependency benefit Rs.12,000 i.e. yearly loss of dependency benefit : Rs.12,000 x 12 = 1,44,000/- By applying the multiplier of 12, the amount would be: Rs.17,28,000 Less the amount awarded by the Tribunal Rs.12,48,000 ------------------ The difference Rs. 4,80,000” The Tribunal has awarded Rs.20,000/- on other heads, which are being proper, not disturbed. Hence, the claimants are entitled to receive additional sum of Rs.4,80,000/- with 9% interest from the date of claim petition till payment. In view of the above, we are persuaded that the award is required to be modified. The compromise may be made the part of award and the same be modified by the Tribunal accordingly. Matter is remitted to the Tribunal to pass a fresh award and order by this Court incorporating the terms of compromise. Appeal is appeal is partly allowed and claimants are entitled to an additional compensation of Rs.4,80,000 with 9% interest from the date of claim petition till realisation. FA/247920/2001 3/3 JUDGMENT (Bhagwati Prasad, J.) (S.R.Brahmbhatt, J.) *mohd