PATEL AMBALAL HIRDAS vs PATEL MAHENDRAKUMAR MANILAL

C/FA/3735/2014 JUDGMENT DATED: 26/10/2026
(GJHC240412732014)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3735 of 2014
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PATEL AMBALAL HIRDAS & ORS.
Versus
PATEL MAHENDRAKUMAR MANILAL & ORS.
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Appearance:
MR JM BAROT(143) for the Appellant(s) No. 1,2,3,4,5
MR KV GADHIA(319) for the Defendant(s) No. 3
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 1,2,4
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CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA

Date : 26/10/2026

JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The occurrence of an accident on 23.10.2009 between a
motorcycle and an auto-rickshaw, is not in dispute. As a result of
this accident, the rider of the motorcycle, Pravin Bhai, aged 39
years, who was running a business, was killed.
2. The legal heirs of Pravin Bhai preferred a claim petition,
and the Tribunal, on considering the evidence, came to the
conclusion that the driver of the rickshaw was responsible for
the accident, and proceeded to award a sum of Rs. 22,08,422/-
as compensation. For arriving at the said sum, the Tribunal
assessed the income of the deceased at Rs. 13,500/- per month
on the basis of the income tax returns that had been filed.
3. Being aggrieved by this award, the claimants are in appeal,
contending that the amounts awarded are inadequate.
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C/FA/3735/2014 JUDGMENT DATED: 26/10/2026
(GJHC240412732014)
4. The Insurance Company has accepted the liability and also
the sums awarded by the Tribunal.
5. The Tribunal was justified in coming to the conclusion that
the income of the deceased would be Rs. 13,500/- per month,
since it was based on the income tax returns of the deceased.
We, therefore, find no reason to disturb the finding insofar as it
relates to the monthly income of the deceased.
6. The Tribunal has, however, not added future prospects to
the income of the deceased. In the light of the decision rendered
by the Apex Court in National Insurance Company Ltd Vs.
Pranay Sethi, reported in AIR 2017 SC 5157 , 40% will be
added towards future prospects will come to Rs. 18,900/-. Out of
this, one-fourth would be deducted towards personal
expenditure, and this would result in a monthly income to be Rs.
14,175/-.
7. As the deceased was aged 39 years, a multiplier of 15 will
have to be applied. Consequently, towards loss of future income,
the claimants will be entitled to a sum of Rs. 25,51,500/-.
8. The Tribunal has found that the deceased was hospitalised
for seven days before he passed away and has awarded a sum of
Rs. 2,02,422/- towards medical expenses. Since this is based on
documentary evidence, the same will have to be confirmed.
9. As the deceased was hospitalised for seven days, it would
be appropriate to award a sum of Rs. 25,000/- towards special
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C/FA/3735/2014 JUDGMENT DATED: 26/10/2026
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diet, transportation, and attendant charges.
10. In accordance with the judgment of Pranay Sethi (supra)
read with the dictum of Apex Court in Reena Vs. Managing
Director, Karnataka State Road Transport Corporation,
reported at 2026 (0) AIJEL-SC 77486, the claimants would also
be entitled for loss of consortium and other non-pecuniary sums
amounting to Rs. 2,60,000/- (52,000/- x 5) and further sum of
Rs. 19,500/- each for loss of estate and funeral expenses.
11. Consequently, the original claimants will be entitled to the
following sums:
Particulars Amount (Rs.)
Future loss of income 25,51,500/-
Medical expenses 2,02,422/-
Loss of expectation of life 10,000/-
Pain shock and suffering 35,000/-
Loss of estate 19,500/-
Loss of consortium 2,60,000/-
Funeral expenses 19,500/-
Special diet,
25,000/-
transportation and
attendant charges
Total 31,22,922/-
Compensation awarded by 22,08,422/-
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C/FA/3735/2014 JUDGMENT DATED: 26/10/2026
(GJHC240412732014)
the Tribunal
Enhanced Amount 9,14,500/-
12. The appeal is hereby partly allowed. The claimants are
entitled to an enhanced amount of Rs. 9,14,500/- with 9%
interest from the date of the claim petition filed by the claimants
before the Tribunal till its realisation. The enhanced amount
shall be deposited by the respondent No.3 - The New India
Insurance Company Ltd., within a period of EIGHT WEEKS from
the date fo receipt of copy of this judgment.
13. The liability to pay the compensation is on the insurer of
the rickshaw, as has been determined by the Tribunal.
14. The enhanced amount which shall be deposited pursuant
to this order shall be disbursed to the claimants upon proper
verification by NEFT / RTGS.
15. R & P, if called for, be sent back to the concerned Tribunal
forthwith.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
YASH ARORA
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