MEHBUBBHAI S/O GAGAJIBHAI QURESHI (DECEASED) vs HABIBKHAN @ BODUBHAI HASANKHAN
- Court
- Gujarat High Court
- Case type
- FIRST APPEAL
- Decided on
- 09-03-2026
C/FA/1090/2018 JUDGMENT DATED: 09/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1090 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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MEHBUBBHAI S/O GAGAJIBHAI QURESHI (DECEASED) & ORS.
Versus
HABIBKHAN @ BODUBHAI HASANKHAN & ORS.
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Appearance:
MR VAIBHAV A VYAS(2896) for the Appellant(s) No. 1,2
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 4
MR HS MUNSHAW(495) for the Defendant(s) No. 2
MR. RUSHANG D MEHTA(6989) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 1,3
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 09/03/2026
JUDGMENT
1. The captioned appeal has been preferred against the
impugned judgment and award dated 28.12.2015 passed by
the learned Motor Accident Claims Tribunal (Aux.), at Rajula,
in M.A.C.P. No. 863 of 2011, whereby the learned Tribunal
had partly allowed the claim petition and awarded a sum of
Rs.2,26,000/- along with interest at the rate of 9% per annum,
from the date of filing of the claim petition till its realization,
as compensation.
2. The succinct facts, which led to the filing of the
captioned appeal, as narrated in the Claim Petition are
summarized as under :-
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i. On 10.09.2011, Mr. Karimbhai Kureshi
(hereinafter referred to as the “deceased”) was
going to Jamnagar from Veravel by driving one
Indigo Manza car bearing registration No.GJ-14-
E-4254 to attend a marriage ceremony. When he
reached near village Kanja, in the meantime, one
S.T. bus bearing registration No.GJ-18-Y-3289,
which was being driven by original opponent
No.1/respondent No.1 herein, came in a rash
and negligent manner and at an excessive speed,
and dashed with the car in which the deceased
was travelling, thereby causing the accident. As
a result of the said vehicular accident, the
deceased sustained grievous injuries and he
succumbed to the said injuries.
i. It is also the case of the original
claimants/appellants herein before the learned
Tribunal that at the time of the accident, the
deceased was aged about 21 years, and was
earning Rs.40,000/- per annum by working as a
driver. Therefore, the original
claimants/appellants herein preferred the Claim
Petition before the learned Tribunal under
Section 163-A of the Motor Vehicle Act
(hereinafter referred to as the “ACT”).
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ii. Having been served with the notices/summons
of the Claim Petition, original opponent
No.4/respondent No.4 herein – Insurance
Company of the Indigo Manza car bearing
registration No.GJ-14-E-4254, had filed its
Written Statement at Exh.21, thereby, denying
the averments raised in the claim petition, and
in brief, prayed for dismissal of the Claim
Petition.
iii.Having considered the pleadings of the parties,
the learned Tribunal framed the following issues
for determination.
i. Whether the applicants prove that
deceased received injuries and died as a
result of rash and negligent driving of
the driver of the vehicle inovled in the
accident as alleged. due to the serious
injuries sustained ?
ii. Whether the applicants are entitled to
get compensation amount ? If yes, what
amount and from whom ?
iii.What order and award ?
iv. Having considered the evidence on record, and
having considered the submissions of the
learned counsels for the parties, the learned
Tribunal had partly allowed the claim petition
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and awarded a sum of Rs.2,26,000/- along with
interest at the rate of 9% per annum, from the
date of filing of the claim petition till its
realization, as compensation.
v. Being aggrieved and dissatisfied with the
impugned judgment and award, the original
Claimants/appellants herein preferred the
instant appeal on the ground of quantum.
3. Heard learned counsels for the parties.
4. Learned counsel for the original claimants/appellants
herein vehemently submitted that the Claim Petition came to
be filed before the learned Tribunal under Section 163A of the
Motor Vehicle Act, seeking compensation on account of the
death of Mr. Karimbhai Kureshi in the vehicular accident
which took place on 10.09.2011. He further submitted that the
MV Act came to be amended, and Section 164 of the MV Act
has been inserted. He contended that as per the newly
inserted Section 164 of the MV Act, the claimants/appellants
herein are entitled to get compensation to the tune of
Rs.5,00,000/-. He further submitted that Section 164 of the
Act can be applied retrospectively. In support of his
contentions, l earned counsel for the original
claimants/appellants herein placed reliance upon the
judgment rendered by the Hon’ble Apex Court in the case of
New India Assurance Company Limited v. Urmila Halder
reported in 2024 (0) AIJEL-SC-74844. Placing reliance upon
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the aforesaid judgment, learned counsel for the original
claimants/appellants herein submitted that the captioned
appeal deserves to be allowed and a lumpsum amount of
Rs.5,00,000/- be awarded as compensation to the original
claimants/appellants herein.
5. On the other hand, learned counsel appearing for the
respondent No.4- Insurance Company vehemently submitted
that there is no infirmity in the impugned judgment and
award. He further submitted that the Claim Petition has been
filed under the provisions of Section 163A of the MV Act,
therefore, contended that the learned Tribunal had awarded
just compensation in accordance with the provisions of
Section 163A of the MV Act. He further submitted that the
newly inserted Section 164 of the Act cannot be applied
retrospectively. He further submitted that the instant appeal
is devoid of merits, and contended that the same is liable to be
dismissed.
6. Having considered the submissions of the learned
counsels for the parties and having gone through the material
available on record, it is to be noted that there is no dispute
regarding the manner of occurrence of accident, age,
occupation or dependency of the original claimants. The
original claimants/appellants herein have challenged the
impugned judgment and award on the ground of quantum.
7. The Claim Petition was filed before the learned Tribunal
under Section 163A of the MV Act, 1988. Section 163A of the
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Motor Vehicle Act came to be amended and Section 164 was
inserted in the amended Motor Vehicle Act. Section 164 of the
MV Act reads as under :-
“ Section 164 of the MV Act.
164. Payment of compensation in case of
death or grievous heart, etc.-(1) Notwithstanding
anything contained in this Act or in any other law
for the time being in force or instrument
having the force of law, the owner of the motor
vehicle or the authorised insurer shall be
liable to pay in the case of death or grievous hurt
due to any accident arising out of the use of motor
vehicle, a compensation, of a sum of five lakh
rupees in case of death or of two and a half lakh
rupees in case of grievous hurt to the legal
heirs or the victim, as the case may be.
(2) In any claim for compensation under sub-
section (1), the claimant shall not be required to
plead or establish that the death or grievous hurt
in respect of which the claim has been made was
due to any wrongful act or neglect or default of the
owner of the vehicle or of the vehicle concerned or
of any other person.
3) Where, in respect of death or grievous hurt
due to an accident arising out of the use of motor
vehicle, compensation has been paid under any
other law for the time being in force, such amount
of compensation shall be reduced from the amount
of compensation payable under this section.”
8. Section 164 of the Motor vehicle Act empowers the
Tribunal to award compensation of Five lakh rupees in case of
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death and two and a half lakh in case of grievous hurt to the
legal heirs or the victim, as the case may be.
9. The issue as to whether Section 164 of the MV Act can
be applied retrospectively, came for consideration before the
Hon’ble Apex Court in the case of Urmila Halder (supra), and
in para 10 of the judgment, the Hon’ble Apex Court has
observed as under:-
“10. The order of the High Court is well discussed
and we agree with the view taken. We may,
however, add that a beneficial legislation would
necessarily entail the benefit to be passed on to the
claimant in the absence of any specific bar to the
same. In the present case, the liability of the
appellant-Insurance Company has not been
interfered with. Only the computational mode and
the modality have been further clarified, which
rightly has been noted by the High Court and
accordingly, the claim has been enhanced to
₹5,00,000/- (Rupees Five Lakhs). As 50% of the 5,00,000/- (Rupees Five Lakhs). As 50% of the
compensation amount was stayed by this Court,
the same be paid to the respondent in terms of the
impugned judgment within eight weeks.”
10. Thus, considering the ratio laid down by the Hon’ble
Apex Court in the case of Urmila Halder (supra), the
submissions advanced by the learned counsel for the
respondent No.4 – Insurance company is not sustainable.
Therefore, original claimants/appellants herein shall be
entitled to get compensation to the tune of Rs.5,00,000/- and
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accordingly, the compensation awarded by the learned
Tribunal is hereby enhanced to Rs.5,00,000/-.
11. Thus, in view of the above discussion, the impugned
judgment and award stands modified to the aforesaid extent
and the captioned appeal stands partly allowed.
12. Respondent Nos.2 & 4 are directed to deposit the
enhanced amount of compensation along with the same rate
of interest as awarded by the learned Tribunal, i.e., at the rate
of 9% per annum, within a period of six weeks from today.
Upon depositing the said amount, the learned Tribunal shall
disburse the entire awarded amount to the original claimants/
appellants herein (deducting deficit Court fee, if any), after
due verification.
13. Statutory amount, if any, lying deposited with the
Registry of this Court shall be transmitted to the learned
Tribunal concerned forthwith. Records & Proceedings, if any
be sent to the learned Tribunal concerned. No order as to
costs.
14. Pending application, if any, stands disposed of,
accordingly.
(MOOL CHAND TYAGI, J)
ARUN..
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