Case Note & Summary
The case arises from a motor accident claim where the deceased, Ashokbhai Ravjibhai Sodha-Parmar, died in an accident. The Motor Accident Claims Tribunal (Auxiliary), Anand, in MACP No.13/2008, awarded Rs.4,09,000/- with 9% interest, apportioned equally among the claimants: the widow (Leelaben Ashokbhai Parmar), the father (Ravjibhai Somabhai Parmar), and the mother. The appellant (the widow) challenged the equal apportionment, arguing that the father was not a dependent and that she, being young (28 years), should receive a major share. The respondents (parents) contended that the mother was blind and the father aged 58, both dependent, and that the widow had remarried during the pendency of the claim. The High Court, after hearing arguments, found that the widow's remarriage and the parents' dependency justified the equal distribution. The appeal was dismissed as devoid of merits, and the Tribunal was directed to disburse the compensation to the original claimants after deducting deficit court fees.
Headnote
A) Motor Accident Claims - Apportionment of Compensation - Dependency - Remarriage of Widow - The court considered whether the Tribunal erred in equally distributing compensation among the widow, father, and mother of the deceased. The widow remarried during pendency, and the mother was blind and father aged 58, both dependent. Held that equal apportionment was justified (Paras 3-5).
Issue of Consideration
Whether the learned Tribunal erred in apportioning compensation equally among all claimants, including the father who was alleged to be non-dependent, and whether the widow should have received a major portion.
Final Decision
The appeal is dismissed as devoid of merits. The Tribunal is directed to disburse the entire compensation to the original claimants after deducting deficit court fees.
Law Points
- Apportionment of compensation among dependents
- Remarriage of widow
- Dependency of parents
- Motor Accident Claims Tribunal
Case Details
2026 LawText (GUJ) (02) 730
R/First Appeal No. 3628 of 2013
Mr. Hiren M. Modi for the Appellant(s), Mr. Palak H. Thakkar for the Defendant(s) No. 3, Mr. R.G. Dwivedi for the Defendant(s) No. 4,5
Ashokbhai Ravjibhai -Sodha-Parmar & Anr.
Parbatbhai Jethabhai Modhvadiya & Ors.
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Nature of Litigation
First appeal against the judgment and award of Motor Accident Claims Tribunal in a claim petition for compensation.
Remedy Sought
The appellant (widow) sought a larger share of compensation, challenging the equal apportionment among all claimants.
Filing Reason
The appellant contended that the father of the deceased was not a dependent and that the widow should receive a major portion of the compensation.
Previous Decisions
The Motor Accident Claims Tribunal (Auxiliary), Anand, partly allowed the claim petition and awarded Rs.4,09,000/- with 9% interest, apportioned equally among the claimants.
Issues
Whether the Tribunal erred in apportioning compensation equally among all claimants?
Whether the father of the deceased can be treated as a dependent?
Whether the widow's remarriage affects the apportionment?
Submissions/Arguments
Appellant: The father is not a dependent; the widow, aged 28, should get a major portion.
Respondents: The mother was blind and father aged 58, both dependent; the widow remarried during pendency, so equal apportionment is justified.
Ratio Decidendi
In apportioning compensation among dependents, the court must consider the actual dependency and any change in circumstances, such as remarriage of the widow. Equal apportionment is justified when all claimants are dependents and the widow has remarried.
Judgment Excerpts
the learned Tribunal has committed gross illegality in apportioning and distributing the compensation equally among all the claimants.
during the pendency of the claim petition, the widow got remarried.
the mother was blind and she was totally dependent upon her son.
the father was aged about 58 years and he was also dependent upon his son.
the captioned appeal is devoid of merits and hence stands dismissed.
Procedural History
The Motor Accident Claims Tribunal (Auxiliary), Anand, passed the judgment and award on 18.12.2012 in MACP No.13/2008. The appellant filed the present first appeal on 26.02.2026.
Acts & Sections
- Motor Vehicles Act, 1988:
