ROSHANBEN WD/O DECD MANILAL PATEL vs MOHANBHAI KHIMJIBHAI

Court
Gujarat High Court

C/FA/6045/2019 (GJHC240425692019) JUDGMENT DATED: 03/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 6045 of 2019

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE J. C. DOSHI

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Approved for Reporting Yes No
No
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ROSHANBEN WD/O DECD MANILAL PATEL & ORS.
Versus
MOHANBHAI KHIMJIBHAI & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3
ARUNKUMAR R DAVE(8949) for the Defendant(s) No. 3
MR ABHISHEK JAIN, AGP for the Defendant(s) No. 2,4
RULE SERVED for the Defendant(s) No. 1
SHARMISHTA A DAVE(8735) for the Defendant(s) No. 3
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 03/09/2026

JUDGMENT
1. On 16.11.2006, deceased Manibhai Patel was going
towards village Rajendranagar from village Dholvani driving his
rickshaw No.GJ-9-V-5975. When he reached at the spot of
accident, on the outskirt of village Bhatera, at that time
opponent no.1 came driving his Jeep No.GJ-09-G-251 in rash
and negligent manner at excessive speed, endangering life and
dashed with rickshaw driven by deceased. Deceased sustained
injuries and succumbed to injuries.
2. FIR of accident was registered as CR.No.106 of 2016
registered with Bhiloda Police Station, Sabarkantha. Deceased
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C/FA/6045/2019 (GJHC240425692019) JUDGMENT DATED: 03/09/2026
was 36 years old. According to claimants, deceased was earning
Rs.8,000/- per month to support his family; he was hail and
healthy. On sudden demise of the deceased the family has lost
the sole bread winner. Basically on such averments, the
claimants have filed claim petition under section 166 of the
Motor Vehicle Act, 1988 for the compensation of Rs.10,50,000/-
with proportionate cost and interest.
3. Before, learned MACT, Arvalli at Modasa, case was
registered as MACP No.414 of 2015 (old No.1431 of 2006). By
impugned judgment and award dated 15.03.2018, learned
Tribunal assessed compensation of Rs.4,73,200/- and granted
the same with 9% annual interest from the date of the claim
petition till realization.
4. Being aggrieved, the appellants / claimants have preferred
present appeal under section 173 of the MV Act seeking
enhancement of compensation.
5. Heard learned advocate Mr. Hiren Modi for the appellants /
claimants, learned advocate Ms.Sharmista Dave for respondent
no.3 – insurance company and learned AGP Mr. Jain for
respondent nos.2 and 4.
6. Having considered the impugned judgment and award, this
Court is of the initial opinion that assessing the monthly income
at Rs. 2,400/- is not only below the prevailing minimum wage
rate at the time of the road accident, but also ignores the fact
that the deceased was a skilled rickshaw driver, for whom the
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C/FA/6045/2019 (GJHC240425692019) JUDGMENT DATED: 03/09/2026
minimum wage rate would be Rs. 2,600/- per month.
Furthermore, taking into consideration Exh.44, issued by
Kishangadh Milk Produce Cooperative Society Ltd., which
indicates that the deceased was selling milk, this Court is of the
considered opinion that monthly income of Rs.3,000/- of
deceased is required to be considered, which is just and
appropriate at the relevant time. Admittedly, deceased was 36
years old having no permanent income. In view of settled
proposition of law settled in the case of National Insurance
Company Ltd. v/s. Pranay Sethi [2017 (16) SCC 680], Thus,
40% is required to be added for future prospects and 1/3 is to be
deducted from income of deceased towards personal expenses
and multiplier of 15 is required to be applied. Amount of
compensation under head of non pecuniary is required to be
calculated on the basis of judgment in the case of Magma
General Insurance Company Limited v. Nanu Ram @ Chuhru
Ram & Ors. [2018 (18) SCC 130] . Total amount towards future
loss of income would be Rs.5,04,000/- [Rs.3000/- per month +
40% (Rs.1200/-) Rs.4200/- minus 1/3 (i.e. Rs.1400) = Rs.2800 x
12 x 15].
7. Therefore, total compensation which is re-assessed would
be as under, which the claimants/s is/are entitled to get.
Particulars Amount (Rs.)
Amount (Rs.)
awarded by
assessed by
learned Tribunal
this Court
Future Loss of income 4,03,200/- 5,04,000/-
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C/FA/6045/2019 (GJHC240425692019) JUDGMENT DATED: 03/09/2026
Loss of consortium 40,000/- 1,45,200/-
Funeral expenses 15,000/- 18,150/-
Loss of estate 15,000/- 18,150/-
Total… 4,73,200/- 6,85,500/-
Less: amount which is
4,73,200/-
already awarded by
learned Tribunal.
Additional amount
2,12,300/-
which is awarded
8. Therefore, I hold that the claimant/s are entitled to
get the total amount of additional compensation of
Rs.2,12,300/- with 9% p.a. interest from the date of filing the
claim petition till its realisation, which would meet the ends of
justice. The Tribunal has already awarded Rs.4,73,200/-,
therefore, remaining amount of Rs.2,12,300/- would be the
enhanced amount of compensation payable to the claimant/s.
9. For the reasons recorded above, the following order is
passed.
9.1 The appeal is partly allowed in aforesaid terms .
9.2 The Insurance Company is directed to deposit the
enhanced amount Rs.2,12,300/- with 9% p.a. interest from the
date of claim petition till its realisation before the concerned
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C/FA/6045/2019 (GJHC240425692019) JUDGMENT DATED: 03/09/2026
Tribunal, within a period of 12 weeks from the date of receipt of
this order.
9.3 Upon deposit of amount, the Tribunal concerned
shall disburse the entire awarded amount including amount
lying in the FDR and/or with the Tribunal, with accrued interest
thereon, if any, to the claimant/s, by account payee cheque /
NEFT / RTGS, after proper verification and after following due
procedure.
9.4 While making the payment, the Tribunal shall deduct
the courts fees, if not paid, in accordance with rules/law.
9.5 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SATISH
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