SHANKARLAL CHHAGANLAL MANEK vs VALJIBHAI MANAN KHETANI
- Court
- Gujarat High Court
C/FA/2706/2021 JUDGMENT DATED: 02/11/2026
(GJHC240000982021)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2706 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE L. S. PIRZADA
==========================================================
Approved for Reporting Yes No
==========================================================
SHANKARLAL CHHAGANLAL MANEK
Versus
VALJIBHAI MANAN KHETANI & ORS.
==========================================================
Appearance:
MR. HEMAL SHAH(6960) for the Appellant(s) No. 1
DECEASED LITIGANT for the Defendant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
==========================================================
CORAM : HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 02/11/2026
ORAL JUDGMENT
1. The present appeal under Section 173 of the Motor
Vehicles Act, 1988 is preferred by the appellant – original
claimant, being aggrieved and dissatisfied with the judgment
and award dated 17.09.2019 passed by the M.A.C.T. (Aux.) &
rd
3 Additional Sessions Judge, Bhuj in M.A.C.P. No.912 of
2002.
2. Brief facts of the case are as under:-
Page 1 of 7
Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 18:35:30 IST 2026
C/FA/2706/2021 JUDGMENT DATED: 02/11/2026
(GJHC240000982021)
2.1. On 13.03.2002, the appellant was proceeding towards
Village: Mathal on Scooter bearing registration No.GJ-12-E-
4529 as pillion rider, which was driven by opponent No.1 –
Valjibhai Manan Khetani with full speed and in negligent
manner, without observing the rules and at around 13:00 hrs.,
when they reached near the Todia Fatak, a truck was coming
from opposite side in rash and negligent manner, at an
excessive speed, without observing the rules of the road and
without carrying for the safety of the users of the road and
both the drivers lost control over their vehicles and both
vehicles dashed and collided with each other and thereby,
caused accident in which, the original claimant fell down on
the road and sustained serious injuries including fracture
injuries. Finally, claimant has filed claim petition against the
opponents to get compensation for an amount of Rs.3 lacs for
the injuries sustained by him in said accident and the learned
Tribunal, after considering the oral as well as documentary
evidence, was pleased to partly allowed the claim petition
against the opponent Nos.1 to 3 and an amount of Rs.57,100/-
was awarded towards compensation, to be recovered from the
opponent Nos.1 to 3 jointly and severally with running
interest at the rate of 9% p.a. from the date of the claim
Page 2 of 7
Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 18:35:30 IST 2026
C/FA/2706/2021 JUDGMENT DATED: 02/11/2026
(GJHC240000982021)
petition till realization of the amount along with proportionate
cost of the petition.
3. Learned advocate Mr.Hemal Shah for the appellant
submitted that the learned Tribunal has committed an error in
not properly calculating the amount of compensation. It is
submitted that the amount of award is on a lower side and the
learned Tribunal has not considered the prospective income
and also not properly considered various aspects being pain,
shock and suffering, transportation, special diet etc.
3.1. It is further submitted that the amount of compensation
is required to be enhanced by modifying the impugned
judgment and award and the present appeal may be allowed.
4. Per contra, learned advocate Mr.G.C. Mazmudar for the
respondent No.3 opposed the present appeal and submitted
that the impugned judgment and award passed by the learned
Tribunal is just and proper and requested to dismiss the
appeal.
5. It is required to be considered that the Motor Vehicle
Act, 1988 is a beneficial piece of legislation and just and fair
Page 3 of 7
Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 18:35:30 IST 2026
C/FA/2706/2021 JUDGMENT DATED: 02/11/2026
(GJHC240000982021)
compensation is integral and seminal to the M.V. Act and the
compensation is to be awarded under the principle of just and
fair compensation to the injured of the road accident or a
legal representative of the deceased person based on the
principle of fairness, reasonableness and equality.
6. Having heard the learned advocates appearing for the
respective parties and considering the fact that the learned
Tribunal has not considered the prospective income, future
loss of income as at the time of accident, the age of the
appellant was 56 years.
7. As per the judgment of the Hon’ble Apex Court in the
case of National Insurance Company Ltd. vs. Pranay
Shethi , reported in (2017) 16 SCC 680 , 10% prospective
rise in income is required to be given to the claimant/s.
8. Considering the Record & Proceedings and the
impugned judgment and award passed by the learned
Tribunal, it transpired that the learned Tribunal erred in
giving compensation. Therefore, total compensation, which
the claimant is entitled to get, is as under:-
Page 4 of 7
Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 18:35:30 IST 2026
C/FA/2706/2021 JUDGMENT DATED: 02/11/2026
(GJHC240000982021)
Sr.No. Particulars Awarded by
Tribunal
Reassessed by
the Court /
Enhancement
1. Income Rs.8054/- per
month
(TDS and
Professional
Taxes deducted
by the Tribunal
(=) Rs.7213/-
Rs.8054/- per month
1/4th
deduction
(=) Rs.1803/-
per month)
2. Disability
percentages
14% 14%
3. Future loss of
income
(Rs.
Rs.1803/- x 12
x 11 x 14% =
Rs.33,319/-
Rs.8054 x 12 x 11 x 14%
= Rs.1,48,837/- + 10%
prospective rise
(=) Rs.1,63,720/-
4. Medical
Expenses
Rs.8750/- Rs.8750/-
5. Pain, shock
and suffering
Rs.10,000/- Rs.10,000/-
6. Special diet,
Transport
Rs.5000/- Rs.5000/-
Total Rs.57,100/- Rs.1,87,470/- (-)
Rs.57,100/- =
Rs.1,30,370/- i.e.
Additional amount
awarded
9. Therefore, I hold that that the claimants are entitled to
get an enhanced amount of compensation to the tune of
Rs.1,30,370/- with an interest at the rate of 9% p.a. from the
date of filing of the claim petition till realization of the
Page 5 of 7
Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 18:35:30 IST 2026
C/FA/2706/2021 JUDGMENT DATED: 02/11/2026
(GJHC240000982021)
amount to meet the ends of justice. The rest of the directions
of the learned Tribunal in the impugned judgment and award
shall remain the same.
10. For the reasons recorded above, the following order is
passed.
11. The present appeal is partly allowed. The impugned
judgment and award dated 17.09.2019 passed by the M.A.C.T.
rd
(Aux.) & 3 Additional Sessions Judge, Bhuj in M.A.C.P.
No.912 of 2002 is hereby modified to the aforesaid extent. The
rest of the judgment and award remains unaltered. The
insurance company is directed to deposit the enhanced
amount of compensation of Rs.1,30,370/- with interest at the
rate of 9% p.a. from the date of filing of claim petition till the
realisation of amount before concerned Tribunal within a
period of 8 weeks from the date of receipt of copy of this
order.
12. Upon depositing the enhanced amount by the insurance
company, the total amount, which has been lying with the
concerned Tribunal, is to be paid to the claimant/s along with
the amount of enhancement with accrued interest thereon, if
Page 6 of 7
Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 18:35:30 IST 2026
C/FA/2706/2021 JUDGMENT DATED: 02/11/2026
(GJHC240000982021)
any, by A/c.Payee cheque / NEFT / RTGS on proper verification
and after following due procedure.
13. The learned Tribunal is directed to recover or deduct the
deficit court fees on the enhanced amount and thereafter,
disburse the amount accordingly.
14. The Record and Proceedings, if any, be sent back to the
concerned Tribunal forthwith.
15. Award to be drawn accordingly.
(L. S. PIRZADA, J)
Hitesh
Page 7 of 7
Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Nov 02 2026 Downloaded on : Mon Nov 02 18:35:30 IST 2026