SAMIRHUSEN YASINMIYA MALEK vs GUJARAT STATE ROAD TRANSPORT CORPORATION
- Court
- Gujarat High Court
C/FA/1185/2026 (GJHC240901582025) JUDGMENT DATED: 31/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1185 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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SAMIRHUSEN YASINMIYA MALEK
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION & ANR.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1
MS SEJAL K MANDAVIA(436) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 31/08/2026
JUDGMENT
1. The captioned appeal is filed against the impugned judgment and
award dated 28.07.2025 passed by the learned Motor Accident Claims
Tribunal (Main), Kheda at Nadiad in MACP No.598/2024, whereby the
learned Tribunal had partly allowed the claim petition and awarded a
sum of Rs.7,48,110/- as a compensation along with interest at the rate
of 7.5% per annum from the date of filing of claim petition till its
realization.
2. The succinct facts leading to file the captioned appeal are that on
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C/FA/1185/2026 (GJHC240901582025) JUDGMENT DATED: 31/08/2026
21.05.2024, when the claimant-Samirhusen Yasinmiya Malek was
travelling in a motorcycle bearing registration no.GJ-23-BP-5202 as a
pillion rider, in the meantime, the driver of ST bus bearing registration
no.GJ-18-Z-7377 came by driving the said bus in a rash and negligent
manner and dashed with the motorcycle of the claimant, thereby caused
the accident. As a result, the claimant sustained serious and multiple
injuries.
3. On being served, the respondent no.1/ST Corporation filed its
written statement at Exh.10, thereby denying all the averments made in
the claim petition and prayed for rejection of the claim petition.
4. Having considered the pleadings, evidence led by the respective
parties and the submissions canvassed by the respective parties, the
learned Tribunal had partly allowed the claim petition and awarded a
sum of Rs.7,48,110/- as a compensation along with interest at the rate
of 7.5% per annum from the date of filing of claim petition till its
realization.
5. Being aggrieved and dissatisfied with the impugned judgment and
award, the original claimant/appellant herein challenged the impugned
judgment and award on the ground of quantum.
6. Heard learned counsels for the parties.
7. Mr. Hiren M. Modi, learned counsel appearing on behalf of
original claimant/appellant herein vehemently submitted that at the time
of accident, the claimant/appellant was student, aged about 17 years
and he sustained the functional disability to the extent of 64%. The
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C/FA/1185/2026 (GJHC240901582025) JUDGMENT DATED: 31/08/2026
learned Tribunal considering the judgment rendered by the Hon’ble
Apex Court in case of Master Mallikarjun Vs. Divisional Manager,
National Insurance Company Limited & Anr., reported in (2014) 14
SCC 396, has assessed the compensation accordingly. He submitted
that the income of the claimant/appellant ought to have been assessed
in accordance to the ratio laid down by the Hon’ble Apex Court in case
of Hitesh Nagjibhai Patel Vs. Bababhai Nagjibhai Rabari and Anr.,
reported in 2025 ACJ 1986. He further submitted that the accident had
occurred on 21.05.2024, therefore, the monthly income of the
claimant/appellant ought to have been assessed on the basis of
minimum wages prevalent at the time of accident as notified by the
Government of Gujarat and hence, the claimant/appellant ought to have
been awarded the future loss of income accordingly. He further
submitted that the learned Tribunal has not awarded any compensation
under the heads of pain, shock and suffering, actual loss of income,
special diet, attendant charges and transportation, therefore, he prayed
for award of compensation under these heads.
8. Per contra, Ms. Sejal K. Mandavia, learned counsel appearing on
behalf of respondent no.1/Gujarat State Road Transport Corporation
vehemently submitted that at the time of accident, the
claimant/appellant was minor, aged about 17 years, therefore, he was
not having any actual income. She further submitted that the learned
Tribunal has rightly placed the reliance upon the judgment rendered by
the Hon’ble Apex Court in the case of Master Mallikarjun (supra) and
assessed the compensation accordingly. She submitted that there is no
infirmity in the impugned judgment and award, therefore, the captioned
appeal is liable to be dismissed.
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C/FA/1185/2026 (GJHC240901582025) JUDGMENT DATED: 31/08/2026
9. Having considered the submissions of the learned counsels for
the parties and having gone through the record, it is to be noted that the
appellant/claimant has challenged the impugned judgment and award
on the ground of quantum.
10. So far as the quantum is concerned, at the time of accident, the
th
claimant/appellant was aged about 17 years and he was studying in 12
standard. Hence, he was not having any actual income. In case of
Hitesh Nagjibhai Patel (supra), the Hon’ble Apex Court has held that in
case of a student, the Tribunal/Court has to assess the income of the
claimant on the basis of minimum wages prevalent at the time of
accident for the skilled worker. In the present case, the vehicular
accident took place on 21.05.2024. At the relevant point of time, the
minimum wages for the skilled worker was Rs.13,234/- per month as
notified by the Government of Gujarat. Therefore, the income of the
claimant/appellant is reassessed at Rs.13,234/- per month. It is not in
dispute that at the time of accident, the claimant/appellant was aged
about 17 years, therefore, 40% of the monthly income is added on
account of future prospects of the claimant/appellant in view of the ratio
laid down by the Hon'ble Apex Court in case of National Insurance
Company Ltd. Vs. Pranay Sethi, reported in 2017 (16) SCC 680 and
Sidram Vs. The Divisional Manager, United India Insurance
Company Limited & Anr., reported in 2022 INSC 1202. Thus, after
adding 40% to the monthly income, it would come to Rs.18,528/- i.e.
(13,234+13,234X40%). The learned Tribunal has assessed the
functional disability of the claimant/appellant at 64%, which is not under
challenge. Thus, considering the functional disability of 64% and
applying the multiplier of 18 as per age of the claimant/appellant, the
future loss of income would come to Rs.25,61,311/- i.e.
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C/FA/1185/2026 (GJHC240901582025) JUDGMENT DATED: 31/08/2026
(18,528X64%X12X18).
11. It emerges from the record that the claimant/appellant has
sustained multiple fractures. He also sustained the fracture on his head.
He remained hospitalized as an indoor patient for a quite long period
and he underwent surgical intervention for his treatment. During that
period, he might have endured a lot of pain, shock and suffering.
Therefore, a sum of Rs.1,00,000/- is awarded under the head of pain,
shock and suffering.
12. The learned Tribunal has awarded a sum of Rs.2,48,110/- under
the head of medical expenses on the basis of the actual medical bills
produced at Exhs.24 to 26. The compensation awarded under this head
requires no interference and accordingly, the same is maintained.
13. The learned Tribunal has not awarded any compensation under
the head of actual loss of income. Considering the nature of injuries
sustained by the claimant/appellant and having regard to the period of
hospitalization and the period of treatment as an outdoor patient, the
actual loss of income is awarded for a period of 4 months. Hence
accordingly, the claimant/appellant shall be entitled for a sum of
Rs.52,936/- i.e. (13,234X4) under the head of actual loss of income.
14. The learned Tribunal has not awarded any compensation under
the head of special diet, attendant charges and transportation.
Considering the period of treatment and other attending circumstances,
a sum of Rs.50,000/- is awarded under the head of special diet,
attendant charges and transportation.
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C/FA/1185/2026 (GJHC240901582025) JUDGMENT DATED: 31/08/2026
15. In view of the above discussion, the claimant/appellant shall be
entitled for the following amount of compensation under the following
heads:-
Sr. No. Particular Amount
1. Future loss of income 25,61,311/-
2. Actual loss of income 52,936/-
3. Medical expenses 2,48,110/-
4. Pain, shock and suffering 1,00,000/-
5. Special diet, attendant charges and
transportation
50,000/-
Total 30,12,357/-
16. The learned Tribunal has already awarded a sum of
Rs.7,48,110/- as a compensation, therefore, the original
claimant/appellant shall be entitled for additional compensation of
Rs.22,64,247/- i.e. (30,12,357-7,48,110). The learned Tribunal has
awarded the interest at the rate of 7.5% per annum, therefore, the
original claimant/appellant shall be entitled for the same rate of interest
on additional amount of compensation from the date of filing of claim
petition till its realization.
17. In view of the above discussion, the captioned appeal stands
allowed partly and the impugned judgment and award is to be modified
to the aforesaid extent. The respondent no.1/ST Corporation shall
deposit the additional amount of compensation along with interest within
a period of 6 weeks from the date of receipt of copy of this order.
18. Upon depositing of the said amount of compensation, the learned
Tribunal shall disburse the entire amount of compensation along with
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interest to the original claimant/appellant herein after deducting deficit of
Court fee, if any, after due verification. The amount, if any, lying
deposited with the registry of this Court, the same shall be transmitted
to the learned Tribunal concerned. No order as to costs.
19. Record & Proceedings, if any, be sent back to the learned
Tribunal concerned.
(MOOL CHAND TYAGI, J)
HARSHIT
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