AAMIN ABDUL RAHIM SHAIKH vs RAFIKBHAI ABDULBHAI JERAM
- Court
- Gujarat High Court
C/FA/206/2015 JUDGMENT DATED: 29/10/2026
(GJHC240416032015)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 206 of 2015
==========================================================
AAMIN ABDUL RAHIM SHAIKH
Versus
RAFIKBHAI ABDULBHAI JERAM & ORS.
==========================================================
Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1,3
==========================================================
CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 29/10/2026
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The occurrence of an accident on 4.7.2006 is not in
dispute. As a result of this accident, the claimant, who
was an occupant of the bus, suffered grievous injuries
which has resulted in him becoming a paraplegic.
2. In the claim petition filed by him, the Tribunal has
held that he was disabled to the extent of 80% and after
assessing his income at Rs.3,000/- has proceeded to
award a sum of Rs.15,81,900/-.
3. Being aggrieved by this award, the present appeal is
preferred by the claimant.
4. It is contended that the Tribunal has ignored the
Page 1 of 4
Uploaded by OMKAR C. MAHAWAR(HC00201) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 11:48:06 IST 2026
C/FA/206/2015 JUDGMENT DATED: 29/10/2026
(GJHC240416032015)
salary certificate produced by the claimant, which
indicated that he was earning a sum of Rs.7,000/- from
his employment at Garg Medical Store. It is also pointed
out that he was a holder of a Diploma in Pharmacy and a
license had been issued to him by the Pharmacy Council.
It is further pointed out that as a result of his becoming
immobile, the license was suspended.
5. In our view, in the light of the salary certificate
produced by the claimant, the assessment of income at
Rs.3,000/- per month would be incorrect and it would be
appropriate to accept the income of Rs.7,000/- as per the
salary certificate.
6. We are also of the view that since the claimant has
become a paraplegic, the assessment of disability at 80%
would be incorrect and he would be unable to do any
work at all. We, therefore, hold that the claimant had
suffered 100% disability. As a consequence, since the
deceased was 24 years, 40% will have to be added as
future prospects and a multiplier of 18 will have to be
applied.
7. The claimant would, therefore, be entitled to a sum
of Rs.21,16,800/- towards loss of future income.
8. The Tribunal has awarded a sum of Rs.15,,000/-
towards pain, shock and suffering. In our view, given that
Page 2 of 4
Uploaded by OMKAR C. MAHAWAR(HC00201) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 11:48:06 IST 2026
C/FA/206/2015 JUDGMENT DATED: 29/10/2026
(GJHC240416032015)
the claimant has suffered paraplegia, it would be
appropriate to award a sum of Rs.5 lakhs towards pain,
shock and suffering. As the medical expenses awarded by
the Tribunal is undisputed, the same is maintained.
9. The Tribunal has awarded a sum of Rs.5,000/-. Given
the fact that the claimant has become paraplegia, it is
obvious that he requires constant attendance to take care
of him. We are, therefore, of the view that Rs.7,56,000/-
would be just and proper towards attendant charges.
Similarly, the Tribunal has awareded a sum of Rs.5,000/-
towards transportation cost and Rs.5,000/- towards
special diet.
10. For the reasons stated above, since the claimant has
become paraplegia, it would be approprite to award Rs.1
lakh towards transportation cost and special diet.
11. We notice that the Tribunal has not awarded any
sum towards loss of amenities. Since the claimant has
suffered paraplegia and is having 100% disability, it
would be appropriately to award a sum of Rs.5 lakhs
towards loss of amenities. The claimant would, therefore,
be entitled to the following sums :
Income (7000 x 12) Rs.84,000/-
Prospective Income (40%) Rs.33,600/-
Total Rs.1,17,600/-
Disability 100%
Total Rs.1,17,600/-
Multiplier X 18
Page 3 of 4
Uploaded by OMKAR C. MAHAWAR(HC00201) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 11:48:06 IST 2026
C/FA/206/2015 JUDGMENT DATED: 29/10/2026
(GJHC240416032015)
Total Rs.21,16,800/-
Pain, shock & Suffering Rs.5,00,000/-
Medical Expenses Rs.10,24,500/-
Attendance Charges Rs.7,56,000/-
Transportation cost Rs.1,00,000/-
Amenities Rs.5,00,000/-
Grand Total Rs.49,97,300/-
Tribunal awarded Amount Rs.16,81,900/-
Enhanced Compensation Rs.34,15,400/-
12. The appeal is hereby PARTLY ALLOWED . The
claimants are entitled to an additional sum of
Rs.34,15,400/-. The claimant would be entitled to interst
@ 7.5% on Rs.7,56,000/- and interest @ 9% on the rest of
the amount, i.e. 26,59,400/-, from the date of the claim
petition filed by the claimants before the Tribunal till its
realization. The enhanced amount shall be deposited by
the Insurance Company within a period of TEN weeks
from the date of receipt of copy of this order.
13. The enhanced amount which shall be deposited
pursuant to this order shall be disbursed to the claimants
upon proper verification by NEFT / RTGS.
14. R & P if called for, be sent back to the concerned
Court forthwith.
Sd/-
(N.S.SANJAY GOWDA,J)
Sd/-
(J. L. ODEDRA, J)
OMKAR
Page 4 of 4
Uploaded by OMKAR C. MAHAWAR(HC00201) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 11:48:06 IST 2026