KETANKUMAR JAYANTILAL PATEL vs PRAMODBHAI BANSIBHAI DURGE

C/FA/653/2013 JUDGMENT DATED: 12/10/2026
(GJHC240389072013)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 653 of 2013
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KETANKUMAR JAYANTILAL PATEL
Versus
PRAMODBHAI BANSIBHAI DURGE & ORS.
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Appearance:
ADVOCATE NOTICE SERVED for the Appellant(s) No. 1
MR SUNIL B PARIKH(582) for the Defendant(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA

Date : 12/10/2026

JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
[1] The occurrence of an accident on 25.10.2008 between a
motorcycle and a truck is not in dispute. As a result of this
accident, the rider of the motorcycle suffered a fracture of the
tibia and the fibula. The rider of the motorcycle was aged about
31 years as on the date of the accident.
[2] The Tribunal, after considering the evidence on record,
came to the conclusion that the driver of the truck was
responsible for the accident. Taking into consideration the fact
that the truck was insured, the Tribunal proceeded to award the
following sums as compensation:-
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C/FA/653/2013 JUDGMENT DATED: 12/10/2026
(GJHC240389072013)
Amount (Rs.) Head under which compensation is
awarded
10,000/- Pain, Shock and Suffering
3,92,780/- Medical treatment charges
5,800/- Attendant’s charges and loss of income of
attendant
3,000/- Special diet expenses
3,000/- Transportation charges
39,850/- Actual loss of Income
1,59,420/- Future loss of income
6,13,850/- Total
[3] Being aggrieved by the inadequacy of the compensation awarded
by the Tribunal, the claimant has preferred the present appeal.
Though Advocate notice of the appeal has been served upon the
claimants, there is no appearance on their behalf. Hence, we are
constrained to hear only the learned counsel for the Insurance
Company and, upon perusal of the record and proceedings, proceed
to pass the following order:
[3.1] The assessment of disability at 20% for the whole body
and determination of income at Rs.13,283/- cannot be found
fault with in the light of the medical evidence and also the
documentary evidence. As a consequence, the amount awarded
towards Future loss of income cannot be found fault with.
[3.2] Similarly, the sums awarded towards medical treatment
charges and Actual loss of income cannot also be found fault
with as they are based on documentary evidence.
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C/FA/653/2013 JUDGMENT DATED: 12/10/2026
(GJHC240389072013)
[4] We, however, notice that the claimant was hospitalized for
more than 45 days. In view thereof, the amounts awarded towards
Pain, Shock and Suffering, attendant’s charges, special diet expenses
and transportation charges warrant enhancement.
[5] We are of the view that, as against a sum of Rs. 10,000/-
awarded towards Pain, Shock and Suffering, it would be
appropriate to award a sum of Rs. 75,000/- under the said head.
We further deem it appropriate to award an aggregate sum of
Rs.50,000/- towards attendant’s charges, special diet expenses
and transportation charges.
[6] Consequently, the appeal is partly allowed and it is held
that the original claimants are entitled to the following sums:-
Amount (In Rs.) Head under which
compensation is awarded
Rs.75,000/- Pain, Shock and Suffering
Rs. 3,92,780/- Medical treatment charges
Rs. 50,000/- Attendant’s charges and loss of
income attendant
Rs. 50,000/- Special diet expenses
Rs. 50,000/- Transportation charges
Rs. 39,580/- Actual loss of income
Rs. 1,59,420/- Future loss of income
Rs. 8,16,780/- Total
Rs. 6,13,850/- Compensation awarded by the
Tribunal
Rs. 2,02,930/- Enhanced Compensation
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C/FA/653/2013 JUDGMENT DATED: 12/10/2026
(GJHC240389072013)
[7] The Tribunal has awarded interest at the rate of of 9% per
annum. In our view, the rate of interest is just and proper and
does not call for any interference. Hence, the enhanced amount
of compensation, i.e., Rs. 2,02,930/-, shall carry interest at the
rate of 9% per annum from the date of filing of the claim
petition before the Tribunal units its actual realisation.
[8] The Insurance Company, respondent No.3, is hereby
directed to deposit the enhanced amount of compensation,
along with interest, within a period of EIGHT WEEKS from the
date of receipt of a copy of this judgment.
[9] The enhanced amount which shall be deposited pursuant to
this order shall be disbursed to the claimants upon proper
verification by NEFT/RTGS.
[10] R&P, if any received, be sent back to the concerned
Tribunal forthwith.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
RIYA
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