GOVINDBHAI SHAMBHUBHAI PATEL vs SAGARBHAI BHUPATBHAI GAJERA
- Court
- Gujarat High Court
C/FA/1181/2026 (GJHC240408292025) JUDGMENT DATED: 31/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1181 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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GOVINDBHAI SHAMBHUBHAI PATEL & ORS.
Versus
SAGARBHAI BHUPATBHAI GAJERA & ORS.
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Appearance:
MR JIGISHBHAI C KIKANI(12217) for the Appellant(s) No. 1,2,3
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3
MS HELY J KIKANI(13018) for the Appellant(s) No. 1,2,3
DELETED for the Defendant(s) No. 4
MASUMI V NANAVATY(9321) for the Defendant(s) No. 2
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 1
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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 17.08.2024 passed by the learned Motor Accident Claims
th
Tribunal (Auxiliary) and 4 Additional District Judge, Ahmedabad (Rural)
in MACP No.1625/2014, whereby the learned Tribunal had partly
allowed the claim petition and awarded a sum of Rs.11,19,100/- as a
compensation along with interest at the rate of 9% per annum from the
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date of filing of claim petition till its realization.
2. The succinct facts leading to file the captioned appeal are that on
17.01.2014, when the deceased-Chirag Govindbhai Patel was
proceeding towards Jagadiya from Bharuch along with his friends on a
motorcycle bearing registration no.GJ-16-AN-3230, in the meantime,
the driver of truck bearing registration no.GJ-19U-9593 came by driving
his vehicle from the opposite side, at an excessive speed, in rash and
negligent manner, so as to endangering the human life and dashed with
the said motorcycle, in which the deceased was travelling. Due to the
impact of the said accident, the deceased sustained grievous injuries
and succumbed to the injuries.
3. On being served, the respondent nos.2 and 4/insurance
companies filed their respective written statements at Exhs.18 and 27,
while the respondent no.3 filed the written statement at Exh.12. All the
respondents have denied 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.11,19,100/- as a compensation along with interest at the rate
of 9% 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 claimants/appellants herein challenged the
impugned judgment and award on the ground of quantum.
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6. Heard learned counsels for the parties.
7. Mr. Hiren M. Modi, learned counsel appearing on behalf of
original claimants/appellants herein vehemently submitted that at the
time of accident, the deceased was working with M/s. V-well
Advertisement Company and thereby earning Rs.10,000/- per month.
He further submitted that in order to prove the income of the deceased,
the father of the deceased has filed his affidavit in examination-in-chief
at Exh.37 along with the lines of pleadings. He further submitted that the
claimants/appellants have also examined one-Kaushal Dilipbhai Shah
at Exh.46 to prove the income of the deceased. He submitted that the
said witness has proved that the deceased was working with M/s. V-well
Advertisement Company and thereby earning Rs.10,000/- per month.
He further submitted that the learned Tribunal has disbelieved the oral
as well as documentary evidence led by the claimants/appellants and
assessed the income of the deceased at Rs.7,000/- per month, which is
at lower side.
8. Learned counsel for the appellants further submitted that the
learned Tribunal has awarded meagre amount of compensation under
conventional heads. In support of his contention, learned counsel for the
appellants placed the reliance upon the judgment rendered by the
Hon’ble Apex Court in case of National Insurance Company Ltd. Vs.
Pranay Sethi, reported in 2017 (16) SCC 680 and Magma General
Insurance Company Limited Vs. Nanu Ram @ Chuhru Ram and
Ors., reported in 2018 (18) SCC 130. Having placed the reliance upon
the aforesaid judgments, learned counsel for the appellants prayed for
enhancement of compensation.
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9. Per contra, Mr. Vibhuti Nanavati, learned counsel appearing on
behalf of respondent no.2/insurance company vehemently submitted
that the income of the deceased was not proved by leading the cogent
evidence on record, therefore, the learned Tribunal has rightly assessed
the income of the deceased at Rs.7,000/- per month. He further
submitted that the learned Tribunal has awarded just compensation
under all the heads of compensation, therefore, the captioned appeal is
liable to be dismissed.
10. Having considered the submissions of the learned counsels for
the parties and having gone through the record, it is to be noted that the
original claimants/appellants herein have challenged the impugned
judgment and award on the ground of quantum.
11. So far as the quantum is concerned, the learned Tribunal has
assessed the monthly income of the deceased at Rs.7,000/-. It is the
case of the claimants/appellants that at the time of accident, the
deceased was working with M/s. V-well Advertisement Company and
thereby earning Rs.10,000/- per month. The appellant/claimant no.1 has
also filed his affidavit in examination-in-chief at Exh.37 along with the
lines of pleadings. The claimants/appellants have also examined one-
Kaushal Dilipbhai Shah at Exh.46. He also proved on record that the
deceased was working with M/s. V-well Advertisement Company at the
time of accident and thereby he was earning Rs.10,000/- per month. It
also emerges from the record that the FIR also supports the version that
the deceased was working with M/s. V-well Advertisement Company at
the time of accident. Thus, having regard to the material available on
record, in my considered view, the learned Tribunal has committed the
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manifest error in assessing the income of the deceased at Rs.7,000/-
per month. Thus, in the light of the oral as well as documentary
evidence on record, the income of the deceased is reassessed at
Rs.10,000/- per month. It is not in dispute that at the time of accident,
the deceased was aged about 26 years, 1 months and 12 days,
therefore, 40% of the monthly income is to be added on account of
future prospects of the deceased in view of the ratio laid down by the
Hon’ble Apex Court in case of Pranay Sethi (supra). Thus, after adding
40% to the monthly income, it would come to Rs.14,000/- i.e.
(10,000+10,000X40%). At the time of accident, the deceased was
bachelor, therefore, 1/2 of the monthly income is deducted on account
of personal expenses of the deceased. Thus, after deducting 1/2 on
account of personal expenses of the deceased, the monthly income for
calculating the future loss of dependency would come to Rs.7,000/- i.e.
(14,000-14,000X1/2). Thus, applying the multiplier of 17 as per the age
of the deceased, the future loss of dependency would come to
Rs.14,28,000/- i.e. (7,000X12X17).
12. The learned Tribunal has awarded a sum of Rs.15,000/- under
the head of loss of estate and a sum of Rs.15,000/- under the head of
funeral expenses. The compensation awarded under these heads is
enhanced to Rs.18,150/- under each head in view of the ratio laid down
by the Hon’ble Apex Court in case of Pranay Sethi (supra).
13. It is not in dispute that the deceased was survived by 3 legal
representatives i.e. both parents and brother. In view of the ratio laid
down by the Hon’ble Apex Court in case of Nanu Ram @ Chuhru Ram
(supra), only the parents are entitled to get the compensation under the
head of loss of consortium. Hence accordingly, a sum of Rs.96,800/- i.e.
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(48,400X2) is awarded under the head of loss of consortium.
14. The learned Tribunal has awarded a sum of Rs.9,500/- under the
head of other expenses. The compensation awarded under this head
requires no interference and accordingly, the same is maintained.
15. In view of the above discussion, the appellants/claimants shall be
entitled for the following amount of compensation under the following
heads:-
Sr. No. Particular Amount
1. Future loss of dependency 14,28,000/-
2. Loss of consortium 96,800/-
3. Loss of estate 18,150/-
4. Funeral expenses 18,150/-
5. Other expenses 9,500/-
Total 15,70,600/-
16. The learned Tribunal has already awarded a sum of
Rs.11,19,100/- as a compensation, therefore, the original
claimants/appellants shall be entitled for additional compensation of
Rs.4,51,500/- i.e. (15,70,600-11,19,100). The learned Tribunal has
awarded the interest at the rate of 9% per annum, therefore, the original
claimants/appellants 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.2/insurance company shall
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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
interest to the original claimants/appellants 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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