KIRANSINH CHHATRASINH PARMAR vs AKHILESH PREMSINH RAJPUT
- Court
- Gujarat High Court
C/FA/4494/2025 JUDGMENT DATED: 16/10/2026
(GJHC240157052025)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4494 of 2025
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KIRANSINH CHHATRASINH PARMAR
Versus
AKHILESH PREMSINH RAJPUT & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MR. ALKESH N SHAH(3749) for the Defendant(s) No. 4
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 3
NOTICE UNSERVED for the Defendant(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 16/10/2026
JUDGMENT
1. The present First Appeal, under Section 173 of Motor
Vehicles Act, 1988, is preferred by the appellant/s being
aggrieved and dissatisfied with the judgment and award dated
21.8.2024 passed by the Motor Accident Claims Tribunal,
Vadodara in Motor Accident Claim Petition No.398 of 2016,
wherein the claimant/petitioner seeks only compensation for
the loss of dependency, loss of future prospects, and other
statutory heads as provided under the relevant provisions of
the Motor Vehicles Act.
2. Since the factual aspects of the case involving the
vehicle in the road accident and the liability of the owner as
well as the insurer are not disputed by the Insurance
Company, to streamline the consideration of the present
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C/FA/4494/2025 JUDGMENT DATED: 16/10/2026
(GJHC240157052025)
appeal, I have adopted approach that avoids burdening the
judgment with unnecessary narration, since the facts are
already detailed in the record and there is no practical
purpose in restating the same. Likewise, re-evaluating the
underlying findings would serve no useful purpose in the
appeal. The efficiency of stating the facts and evaluating the
evidence is entirely justified, since the core element remains
undisputed. Thus, reiterating these settled matters would
only clutter the final judicial analysis. Therefore, this Court
can safely adopt the existing record without further review.
This omission ensures a focused, clear, and efficient
resolution of the remaining issue argued before the Court.
3. Heard learned advocates for the respective parties.
4. Though served, none appears for the respondent No.3.
5. Having heard the submissions on behalf of both parties
and upon perusal of the material available on record, the
Tribunal has determined the age of the deceased/injured to be
42 years at the time of the accident, however, has missed the
bus for not adding the compensation towards loss of future
prospect. In calculating the loss of future prospects, an
addition of 25% is to be added to the established income,
keeping in mind the age and employment nature of the victim.
6. Consequently, after accounting for future prospects,
personal expenses, and applying the appropriate multiplier,
the total compensation payable under all heads (including loss
of dependency, funeral expenses, and non-pecuniary heads) is
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C/FA/4494/2025 JUDGMENT DATED: 16/10/2026
(GJHC240157052025)
quantified as per the table below:
Particulars Amount (Rs.)
Future loss of income 3,00,062/-
Loss of actual income 13,608/-
Pain, shock and suffering 20,000/-
Medical expenses 33,070/-
Special diet, attendant charges,
15,000/-
transportation
Total… 3,81,740/-
Less : Amount which is already awarded 3,21,723/-
Additional amount which is awarded 60,017/-
7. Therefore, I hold that the claimant are entitled to get the
enhanced compensation of Rs.60,017/- with 9% p.a. interest
from the date of filing the claim petition till its realisation,
which would meet the ends of justice.
8. For the reasons recorded above, the following order is
passed.
8.1 The present appeal is partly allowed .
8.2 All the opponents are jointly and severally liable to
pay the enhanced compensation of Rs.60,017/- as per their
shares as mentioned below.
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C/FA/4494/2025 JUDGMENT DATED: 16/10/2026
(GJHC240157052025)
8.3 Original opponent No. 1, 2, and 3 shall be jointly
and severally liable to pay 80% of the total awarded amount.
The remaining Original opponent Nos.4 and 5 shall be liable
to pay 20% of the total awarded amount.
8.4 Any amounts already deposited or paid directly
prior to this order shall be adjusted/deducted from the final
calculated compensation payable by the respective
respondents.
8.5 The Tribunal shall disburse the entire awarded
amount lying in the FDR and/or with the Tribunal, with
accrued interest thereon, if any, to the claimant, by account
payee cheque / NEFT / RTGS, after proper verification and
after following due procedure.
8.6 While making the payment, the Tribunal shall
deduct the courts fees, if not paid, in accordance with
rules/law.
9. Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
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