JUMABHAI MOHMEDBHAI vs RAJESH PUNAMCHAND MEHTA
- Court
- Gujarat High Court
C/FA/373/2015 JUDGMENT DATED: 26/10/2026
(GJHC240416952015)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 373 of 2015
==========================================================
JUMABHAI MOHMEDBHAI & ORS.
Versus
RAJESH PUNAMCHAND MEHTA & ANR.
==========================================================
Appearance:
MS AMRITA AJMERA(5204) for the Appellant(s) No. 1,2,3
MR KV GADHIA(319) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 26/10/2026
JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. An accident occurred on 28.03.1999 between a motorcycle and
a truck. As a result of this accident, the driver of the motorcycle, 24
and a half year old namely Javedbhai Jumabhai was killed in the
accident. In fact, he was hospitalized for a period of 8 days and passed
away thereafter.
2. The parents and the brother preferred a claim petition, and the
tribunal, after assessing the evidence, came to the conclusion that
Javedbhai Jumabhai, the driver of the motorcycle and the driver of
the truck were both responsible for the accident, and apportioned
negligence equally, i.e., in the ratio of 50:50.
3. It thereafter proceeded to assess the monthly income of the
deceased at Rs. 8,000/-, and after adding future prospects and
deducting 50% (as was a bachelor), proceeded to award a sum of Rs.
Page 1 of 4
Uploaded by MR.MEHULKUMAR.B. DESAI(HCD0075) on Thu Oct 29 2026 Downloaded on : Thu Oct 29 14:05:16 IST 2026
C/FA/373/2015 JUDGMENT DATED: 26/10/2026
(GJHC240416952015)
12,96,000/-. towards loss of dependency, and ultimately after
deducting 50%, the Tribunal awarded a sum of Rs. 6,68,000/-.
4. Being aggrieved by the award, the parents and the brother are
in appeal, principally contending that the deceased had a bright
future, and was intending to travel to the US, where his income would
have been substantially higher. It is also argued that the attribution of
negligence was wholly unwarranted, given the fact that the charge-
sheet was laid only against the driver of the truck, and the driver of
the truck was also not examined. Submissions are also made that no
sums are awarded towards loss of consortium, medical expenses, and
sums under the conventional heads.
5. The insurer has accepted the award and has thereby accepted
the 50% negligence attributed on the driver of the truck that it had
insured.
6. As far as the principal argument regarding negligence is
concerned, admittedly, the charge-sheet was laid against the driver of
the truck. He also did not examine himself. Thus, the only clear
eyewitness, i.e., the driver of the truck, did not appear before the
Court to establish that the deceased had also contributed in any way
to the accident.
7. In the light of the judgment rendered by the Hon’ble Supreme
Court in Mangla Ram v. The Oriental Insurance Company Ltd. , it
is obvious that the negligence can be attributed only to the driver of
the truck in the background of a charge-sheet being laid against him.
Consequently, we set aside the finding of the Tribunal insofar as it
relates negligence on the deceased and hold the driver of the truck
was alone responsible.
8. As far as quantum is concerned, the evidence on record did
Page 2 of 4
Uploaded by MR.MEHULKUMAR.B. DESAI(HCD0075) on Thu Oct 29 2026 Downloaded on : Thu Oct 29 14:05:16 IST 2026
C/FA/373/2015 JUDGMENT DATED: 26/10/2026
(GJHC240416952015)
indicate that the deceased was earning a sum of Rs. 8,000/- per
month. We find no reason to disturb this finding. As the deceased was
aged 24 and a half years, 40% future prospects would have been
added to the said income. Thereafter, 50% would have been deducted
towards his personal expenses, and the multiplier of 18 would have to
be applied. Consequently, towards loss of dependency, the claimants
will be entitled to a sum of Rs. 12,09,600/-.
9. The evidence on record indicates that the deceased was
hospitalized for about 8 days. This would, therefore mean that the
parents did incur medical expenditure for at least for a period of 9
days. We therefore feel it appropriate to award Rs. 75,000/- since
there is no documentary evidence, but we cannot be oblivious of the
fact that a person was critical and was treated for almost 9 days
would have certainly resulted in a large amount of money being spent.
10. In accordance with the judgment of 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, the claimants i.e., the parents and brother,
would also be entitled for loss of consortium and other non-pecuniary
sums amounting to Rs. 1,56,000/- (52,000/- x 3) and further sum of
Rs. 19,500/- each for loss of estate and funeral expenses. In all, in
substitution of the award of the Tribunal, the claimants would be
entitled to the following sums:
Income Rs.8,000/-
Prospective Income (40%) Rs. 3200/-
Income after deduction (1/2) Rs. 5,600/-
Multiplier X 18
Future Loss of income Rs.12,09,600/-
Consortium Rs.1,56,000/-
Loss of Estate Rs.19,500/-
Page 3 of 4
Uploaded by MR.MEHULKUMAR.B. DESAI(HCD0075) on Thu Oct 29 2026 Downloaded on : Thu Oct 29 14:05:16 IST 2026
C/FA/373/2015 JUDGMENT DATED: 26/10/2026
(GJHC240416952015)
Funeral Rs.19,500/-
Medical expenses Rs. 75,000/-
Total Rs. 14,79,600/-
Awarded Rs. 6,68,000/-
Additional Compensation Rs. 8,12,000/-
(Rounded off)
11. Accordingly, the appellant is entitled to receive interest at
the rate of 9% on the enhanced amount.
12. Consequently, the appeal is allowed in part. R & P be sent
back to the concerned Tribunal forthwith.
13. The Respondent Insurance Company is directed to deposit
the additional amount of compensation along with interest
within a period of EIGHT WEEKS from the date of receipt of copy
of this judgment.
14. The terms of disbursement shall be as per the award of the
Tribunal.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
Mehul Desai
Page 4 of 4
Uploaded by MR.MEHULKUMAR.B. DESAI(HCD0075) on Thu Oct 29 2026 Downloaded on : Thu Oct 29 14:05:16 IST 2026