MANISHBHAI BHIKHALAL TRIVEDI vs RAMKISHAN THANORAM SHARMA
- Court
- Gujarat High Court
C/FA/2837/2011 (GJHC240431392011) JUDGMENT DATED: 02/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2837 of 2011
==========================================================
MANISHBHAI BHIKHALAL TRIVEDI
Versus
RAMKISHAN THANORAM SHARMA & ANR.
==========================================================
Appearance:
MR UDAYAN P VYAS(1302) for the Appellant(s) No. 1
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 2
MR. ALKESH N SHAH(3749) for the Defendant(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 02/09/2026
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. On 28.09.2007, the claimant, who was working as an
Engineer, ie. as an Assistant Manager (Development) with
Tuflex India, a division of Parry Enterprise India Limited
suffered an accident, which resulted in sever crush
injuries both to his right leg as well as to his left leg.
2. The medical evidence on record indicates that though there
is no physical loss of the legs, as such, there is severe
injury to both the legs and the medical record, in fact,
indicates that he would have to walk on his toes for his
entire life. It is also forthcoming from the Disability
Page 1 of 5
Uploaded by EZHURHASSAN SUDHIR ACHUTHAN(HC00192) on Tue Sep 08 2026 Downloaded on : Wed Sep 09 00:05:46 IST 2026
C/FA/2837/2011 (GJHC240431392011) JUDGMENT DATED: 02/09/2026
Certificate that the claimant has lost the original natural
sole and heel area of his right leg and the same have been
replaced by a flap.
3. The opinion of the doctor is that the claimant would have
difficulty in walking, running, squatting, sitting cross
legged and to climb steps quickly. It is also opined that
there is a restriction of terminal hip and knee movement in
the left side and this increases his performance of natural
activities. This Disability Certificate, therefore, would
indicate that the claimant has basically lost the use of
both his legs.
4. It is, however, also forthcoming from the evidence that the
claimant has continued in his employment and, in fact,
has been getting a higher income than before, therefore,
the award of Loss of Future Income, per se, may be
incorrect. However, since the Insurance Company has not
preferred an appeal, we accept the said compensation
towards Loss of Future Income.
5. The Tribunal has awarded a sum of Rs.55,000/- towards
Loss of Leave. The evidence on record indicates that the
claimant was on leave for about three years, as indicated
at Exh.90, and he has lost a sum of Rs.1,77,600/- on this
Page 2 of 5
Uploaded by EZHURHASSAN SUDHIR ACHUTHAN(HC00192) on Tue Sep 08 2026 Downloaded on : Wed Sep 09 00:05:46 IST 2026
C/FA/2837/2011 (GJHC240431392011) JUDGMENT DATED: 02/09/2026
account. We would, therefore, replace sum of Rs.55,000/-
with Rs.1,77,600/-.
6. The Tribunal has awarded a sum of Rs.30,000/- towards
Pain, Shock and Suffering. The claimant has suffered
severe crush injury on both his legs and there has been
major debridement, lavage, suturing of flap.
7. Having regard to the fact that he had suffered major
debridement to his leg, and he was hospitalized for more
than 20 days, in our view, it would be appropriate to
enhance the sum from Rs.30,000/- to Rs.2,00,000/-.
8. The Tribunal has awarded a sum of Rs.2,42,276/- towards
Medical Expenses which is based on documentary
evidence. The Tribunal has deducted a sum of
Rs.1,22,000/- that the claimant has received due to his
insurance policy. It is, however, forthcoming from the
evidence on record that given the nature of the claimant’s
injuries, he would require further medical attention on a
regular basis.
9. In the light of this evidence, it would be appropriate to
award a sum of Rs.2,00,000/- towards future Medical
Expenses.
10. The Tribunal has awarded a sum of Rs.20,000/- towards
Page 3 of 5
Uploaded by EZHURHASSAN SUDHIR ACHUTHAN(HC00192) on Tue Sep 08 2026 Downloaded on : Wed Sep 09 00:05:46 IST 2026
C/FA/2837/2011 (GJHC240431392011) JUDGMENT DATED: 02/09/2026
Special, Diet, Attendant charges, Transportation charges
etc. As already noticed above, the claimant was in the
hospital for 20 days and had taken leave for over a period
of three years. It is, therefore, obvious that he would
require the services of an attendant for this entire period of
three years. More so, when he had suffered crush injuries
to both his legs. We, therefore, enhance the compensation
on this head from Rs.20,000/- to Rs.100,000/-. It is also
noticed that despite the fact that the claimant had suffered
severe crush injuries, which have virtually resulted into his
legs becoming useless. No sums are awarded towards Loss
of Amenities.
11. Having regard to the fact that the claimant was working as
an Engineer, and the loss of both his legs for all practical
purposes would be severe debilitating factor to the
claimant. We are of the view that a sum of Rs.5,00,000/-
would have to be awarded towards Loss of Amenities.
Thus, in all the claimant be entitled to the following sums:
Sr.No. Under the Heads of As per the Award of
the Tribunal
Reassessed
amount of
compensation
1 Towards Loss of Future Income 1,58,140/- -
2 Towards Loss of Leave 55,000/- 1,77,600/-
Page 4 of 5
Uploaded by EZHURHASSAN SUDHIR ACHUTHAN(HC00192) on Tue Sep 08 2026 Downloaded on : Wed Sep 09 00:05:46 IST 2026
C/FA/2837/2011 (GJHC240431392011) JUDGMENT DATED: 02/09/2026
3 Pain, Shock and Suffering 30,000/- 2,00,000/-
4 Future Medical Expenses 2,42,276/- 2,00,000/-
5 Special Diet, Attendant Charges
and Transportation Charges
20,000/- 1,00,000/-
6 Loss of Amenities -- 5,00,000/-
Total compensation 5,05,416/- 11,77,600/-
Enhanced Amount of
Compensation.
6,72,184/-
12. The enhanced amount of compensation, i.e. Rs.6,72,184/-
shall carry interest of 9% per annum from the date of the
claim petition till the date of payment. Ten (10) weeks time
is granted to the Insurance Company deposit the said
amount.
13. Consequently, the appeal is allowed in part. R &P, if any,
be sent back to the concerned Tribunal forthwith.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
SUDHIR
Page 5 of 5
Uploaded by EZHURHASSAN SUDHIR ACHUTHAN(HC00192) on Tue Sep 08 2026 Downloaded on : Wed Sep 09 00:05:46 IST 2026