MOHANBHAI JAVERIBHAI DHODIA vs UMESHBHAI AMBALAL MISTRI

C/FA/3277/2013 JUDGMENT DATED: 21/10/2026
(GJHC240400082013)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3277 of 2013
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MOHANBHAI JAVERIBHAI DHODIA
Versus
UMESHBHAI AMBALAL MISTRI & ORS.
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Appearance:
JENIL M SHAH(7840) for the Appellant(s) No. 1
MR YOGI K GADHIA(5913) for the Defendant(s) No. 3
MR ZUBIN F BHARDA(159) for the Defendant(s) No. 1,2
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 21/10/2026

JUDGMENT
1. By way of this appeal, filed under Section 173 of the Motor
Vehicles Act, 1988 (in brief, ‘MV Act’), the appellant-claimant has
challenged the judgment and award dated 11.07.2013, passed
by the learned Motor Accident Claims Tribunal (Aux.),
Ahmedabad Rural (in short, ‘tribunal’), in MACP No. 1872 of
1995, whereby, the tribunal awarded total compensation of
Rs.69,824/- along with 7.5% interest per annum along with
proportionate costs.
2. Brief facts of the case are that on 04.11.1995, at about
11:00 a.m., the original claimant-appellant was riding his
motorcycle, bearing registration No. GJ-5-S-9857, whereas, his
wife was sitting as pillion rider. When, they reached near the
place of accident, i.e. Karmelia Road, near Vanskui, Opponent
No.1-driver came driving his motorcycle, bearing registration No.
GJ-L-1682, in rash and negligent manner and with excessive
speed and dashed the same with the motorcycle of the appellant,
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C/FA/3277/2013 JUDGMENT DATED: 21/10/2026
(GJHC240400082013)
from behind. As a result of that, the appellant-claimant and his
wife, both were thrown from the motorcycle and they received
serious injuries. Therefore, the appellant-claimant filed the claim
petition, under Section 166 of the MV Act, seeking total
compensation of Rs.2,50,000/- with interest and costs, wherein,
the tribunal passed the impugned judgment and award, as
referred to in Paragraph-1, herein above. Hence, the present
appeal.
3. Heard, learned advocate, Mr. Shah, appearing for the
claimant-appellant, learned advocate, Mr. Gadhiya, for opponent
No.3-insurance company and learned advocate, Mr. Bharda, for
Opponent Nos. 1 and 2.
4. Having gone through the material on record, including the
impugned judgment and award, it appears that the tribunal
assessed the disability suffered by the appellant-claimant to the
extent of 15% of the body as a whole and awarded total
compensation of Rs.69,824/-, without granting any
compensation towards loss of future or prospective income and
being aggrieved with the same, the appellant-claimant has
assailed the impugned judgment and award by way of this
appeal, with a prayer to calculate just and fair compensation.
4.1 On perusal of the impugned judgment and award, I find
force in the argument made by learned advocate, Mr. Shah, for
the appellant-claimant. It is a case, wherein, the appellant-
claimant was working with BSNL. His salary slip was produced
at Exhibit-54, which indicates that his gross salary was
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Rs.6054/-. However, the learned tribunal, after deduction,
considered his salary at Rs.3824/- and awarded Rs.36,324/- for
six months towards actual loss of income, but, it did not award
any amount under the head of loss of future or prospective
income. In that view of the matter, the re-calculated amount of
compensation shall be as under;
Income:
Rs.6054/-
Disability (Body as a whole):
X 15%
Rs.908/-
Loss of Income Per Year:
X 12
Rs.10,896/-
Multiplier:
X 15
1,63,440/-
Prospective Income (40%):
+ 65,376/-
Rs.2,28,816/-
Pain, Shock & Sufferings: Rs.12,500/-
Actual Loss: Rs.36,324/-
Medical Expenditure: Rs.15,000/-
Attendant Charges: Rs.3,000/-
Special Diet: Rs.3,000/-
Grand Total
Rs. 2,98,640 /-
Amount Awarded By Tribunal
- Rs.69,824/-
Enhanced Amount of
Rs.2,28,816/-
Compensation:
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4.2 Thus, the appellant-claimant shall be entitled to get
enhanced amount of compensation of Rs.2,28,816/-. The
tribunal has granted 7.5% interest per annum, which is just and
proper and hence, the same is maintained.
5. In the result, this first appeal is partly allowed and the
appellant-claimant shall be entitled to get additional
compensation of Rs.2,28,816/- along with 7.5% interest per
annum from the date of filing of the claim petition, till
realisation. The judgment and award dated 11.07.2013, passed
by the learned Motor Accident Claims Tribunal (Aux.),
Ahmedabad Rural, in MACP No. 1872 of 1995, is modified to the
aforesaid extent. Opponent No. 3-insurance company shall
deposit the enhanced amount of compensation before the
concerned tribunal within the period of nine weeks , from today.
On deposit of the amount, the tribunal shall disburse the entire
amount of compensation in favour of the original claimant-
appellant, after due verification, through NEFT / RTGS and if
required, by passing fresh orders for disbursement. R&P, if any,
be sent back to the concerned tribunal. Direct service is
permitted.
(J. C. DOSHI,J)
UMESH/-
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