MANUBHAI BHARMALBHAI THAKKAR (DECEASED) vs SURESHKUMAR DURGAPRASAD (DELETED)

Court
Gujarat High Court

C/FA/3332/2018 JUDGMENT DATED: 02/11/2026
(GJHC240228132018)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3332 of 2018
With
R/FIRST APPEAL NO. 2333 of 2018
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MANUBHAI BHARMALBHAI THAKKAR (DECEASED) & ORS.
Versus
SURESHKUMAR DURGAPRASAD (DELETED) & ORS.
==========================================================
Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/
REPRESTENTATIVES for the Appellant(s) No. 1,1.2
KAASH K THAKKAR(7332) for the Appellant(s) No.
1.1,1.2.2,1.2.3,1.3,1.4,2,3,4
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
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CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA

Date : 02/11/2026

JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The occurrence of an accident on 18.04.2007 between a car and
the trailer is not in dispute. As a result of this accident, the driver of
the car along with his wife, who were both traveling in the car, were
killed.
2. The Tribunal has held that the driver of the trailer was
responsible for the accident and therefore proceeded to award Rs.
20,36,000/- and Rs. 5,72,000/- towards the compensation for the
driver and for the wife respectively.
3. Being aggrieved by the award, the claimants are in appeal.
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C/FA/3332/2018 JUDGMENT DATED: 02/11/2026
(GJHC240228132018)
4. The evidence on record indicates that the Tribunal determined
the income of the driver on the basis of the profit and loss account
which was placed on record and which indicated that he had an
annual income of Rs. 1,58,000/-. Since the assessment is based on a
profit and loss account, we deem it proper not to disturb the said
finding. To this, 40% will be added as future prospects and one-
fourth(1/4) will be deducted towards his personal expenditure.
Consequently, the claimants will be entitled to sum of Rs. 26,54,400/-
towards loss of dependency.
5. In respect of the wife who was also killed in the accident, the
Tribunal has taken the income of Rs. 3,000/- per month. In our view,
having regard to the fact that the husband was earning Rs.
1,58,000/- and they were traveling in a car, the income determined is
on the lower side. It has been noticed here that the minimum wage is
payable is of Rs. 2,500/- hence we deem it fit to held income of the
wife as Rs. 5,000/- per month. To this, 40% will be added as future
prospects and one-fourth(1/4) will be deducted towards his personal
expenditure. Consequently, the claimants will be entitled to sum of
Rs. 10,08,000/- towards loss of dependency.
6. In accordance with the judgment of National Insurance
Company Ltd Vs. Pranay Sethi, reported in AIR 2017 SC 5157
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 of both the appeals
would also be entitled for loss of consortium and other non-pecuniary
sums amounting to Rs. 2,08,000/- (52,000/- x 4) and further sum of
Rs. 19,500/- each for loss of estate and funeral expenses. Thus, in all,
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C/FA/3332/2018 JUDGMENT DATED: 02/11/2026
(GJHC240228132018)
modification of the award of the Tribunal, the following sums are
awarded:
FA/2333/2018
Income Rs.1,58,000/-
Prospective Income (40%) Rs. 2,21,200/-
Income after deduction (1/3) Rs. 1,65,900/-
Multiplier X 16
Future Loss of income Rs.26,54,400/-
Consortium Rs.2,08,000/-
Loss of Estate Rs.19,500/-
Funeral Rs.19,500/-
Total Rs. 29,01,400/-
Awarded by the Tribunal Rs. 20,36,000/-
Enhanced Compensation Rs. 8,65,400/-
FA/3332/2018
Income Rs.5,000/-
Prospective Income (40%) Rs. 7,000/-
Income after deduction (1/3) Rs. 5,250/-
Multiplier X 16
Future Loss of income Rs.10,08,000/-
Consortium Rs.2,08,000/-
Loss of Estate Rs.19,500/-
Funeral Rs.19,500/-
Total Rs. 12,55,000/-
Awarded by the Tribunal Rs. 5,72,000/-
Enhanced Compensation Rs. 6,83,000/-
7. Accordingly, the appellants of the captioned appeals are
entitled to receive interest at the rate of 9% on the enhanced
amount.
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C/FA/3332/2018 JUDGMENT DATED: 02/11/2026
(GJHC240228132018)
8. Consequently, the appeal being FA/3332/2018 and
FA/2333/2018 are allowed in part to the aforesaid extent. R & P
be sent back to the concerned Tribunal forthwith.
9. 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. Upon deposit of the amount the learned
Tribunal will disburse the same to the claimant by NEFT/RTGS
on proper verification.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
Mehul Desai
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