RELIANCE GENERAL INSURANCE COMPANY LTD vs KALAMUDDIN KHETUKHAN PATHAN

C/FA/476/2016 JUDGMENT DATED: 29/10/2026
(GJHC240419992016)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 476 of 2016
With
R/FIRST APPEAL NO. 67 of 2016
==============================================================
RELIANCE GENERAL INSURANCE COMPANY LTD
Versus
KALAMUDDIN KHETUKHAN PATHAN & ORS.
==============================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 3,4,5,7
NOTICE NOT RECD BACK for the Defendant(s) No. 6
RULE SERVED for the Defendant(s) No. 1,2
==============================================================
CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA

Date : 29/10/2026

COMMON JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. In respect of an accident which occurred on 24.04.2008,
wherein a pedestrian was run over by a tanker, a claim petition
came to be filed by the legal heirs of the deceased pedestrian.
The deceased pedestrian was aged about 47 years and was
engaged in the transport business.
2. The Tribunal, on consideration of the evidence, came to the
conclusion that the claimants were entitled to a sum of Rs.
15,64,128/-. In arriving at the said sum, the Tribunal took the
average of the last three income tax returns and concluded that
the annual income of the deceased was Rs.1,41,661/-.
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C/FA/476/2016 JUDGMENT DATED: 29/10/2026
(GJHC240419992016)
3. Being aggrieved by this award, both the insurer as well as
the claimants are in appeal.
4. The insurer contends that the amounts awarded are
excessive, while the claimants contend that the amounts
awarded are inadequate.
5. The only question to be considered in this appeal is
regarding the quantum of compensation.
6. The Tribunal has taken into consideration the average of
the income tax returns for the three years preceding the death of
the deceased pedestrian. It is noticed by the Tribunal that the
income for the last three years was Rs. 93,710/-, Rs. 1,10,843/-,
and Rs. 2,20,430/- respectively.
7. Learned counsel for the insurer points out that the last of
the income tax returns was filed after the death of the pedestrian
and, therefore, this will have to be ignored.
8. Since, there has been an increase of roughly about 15%
income for the first two years, in our view, it would be
appropriate to enhance the annual income accordingly from Rs.
1,10,843/- by 15% to Rs. 1,27,469/- per annum.
9. As the deceased was aged 47 years, according to the
judgment rendered by the Supreme Court in National Insurance
Company Ltd Vs. Pranay Sethi, reported in AIR 2017 SC 5157,
25% would be added towards future prospects. As the deceased
was survived by four dependents, one-fourth would be deducted
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C/FA/476/2016 JUDGMENT DATED: 29/10/2026
(GJHC240419992016)
towards personal expenses, and a multiplier of 13 would be
applied. Consequently, towards loss of dependency, the
claimants would be entitled to Rs. 15,53,526/-.
10. In accordance with the law laid down by the Supreme
Court in 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 , and
in view of the facts of this case, that since, there were four
claimants, they would collectively be entitled to Rs. 2,08,000/-
(52,000 x 4) towards loss of consortium. They would further be
entitled to a sum of Rs. 19,500/- each for loss of estate and
funeral expenses. Thus, in substitution of the award passed by
the Tribunal, the claimants would be entitled to the following
sums:
Particulars Amount (Rs.)
Future loss of dependency 15,53,526/-
Loss of estate 19,500/-
Loss of consortium 2,08,000/-
Funeral expenses 19,500/-
Total 18,00,526/-
Compensation awarded
15,64,128/-
by the Tribunal
Enhanced Amount 2,36,398/-
11. In view of the above, the appeals stands disposed of to the
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C/FA/476/2016 JUDGMENT DATED: 29/10/2026
(GJHC240419992016)
aforesaid extent. The original claimants are entitled to an
enhanced amount of Rs. 2,36,398/- 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 appellant insurance company within a period of
EIGHT WEEKS from the date of receipt of copy of this judgment.
12. The enhanced amount which shall be deposited pursuant
to this order shall be disbursed to the original claimants upon
proper verification through NEFT / RTGS.
13. 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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