CHANDUBHAI KANTIBHAI @ HIMMATBHAI VASAVA vs NARESHKUMAR SAVABHAI RABARI
- Court
- Gujarat High Court
C/FA/600/2016 (GJHC240420892016) JUDGMENT DATED: 01/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 600 of 2016
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CHANDUBHAI KANTIBHAI @ HIMMATBHAI VASAVA
Versus
NARESHKUMAR SAVABHAI RABARI & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 5
MR HG MAZMUDAR(1194) for the Defendant(s) No. 5
MR VC THOMAS(5476) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2,4
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/09/2026
JUDGMENT
1. Present First Appeal is directed against the judgment
and award dated 20.3.2015 passed by the learned Motor
Accident Claims Tribunal, Vadodara in MACP No.624 of 2999,
by which, the learned Tribunal granted total compensation of
Rs.2,75,000/- together with interest at 9% per annum from the
date of deposit till realisation. The award was also passed
against the opponent Nos.1 to 3 to the extent of paying 50%
amount of compensation and opponent No.4 to pay 50% of the
amount of compensation.
2. Brief facts of the case are as under:-
2.1 That on 13/04/1999 at about 11:30 a.m., the appellant
was coming from Shinor to his Village Saadhli, alongwith his
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goods like vessel stand, cloth etc in the Tempo No. GJ-6-U-
7304 being driven by the respondent no.4. When they
reached near place of accident at that time, the respondent
no.1 came by driving his Tempo No. GJ-6-W-6159 in rash and
negligent manner and dashed with the Tempo of the
appellant. The collision resulted in grievous injuries to the
claimant, including an open fracture of the tibia, dislocation of
the right wrist joint, a fracture of the radial head, a cut to the
wrist, and injury to the radial artery and muscles.
2.2 Initially, the claimant was treated in the Mota Fofaliya
Prathmik Hospital, then was shifted to S.S.G. Hospital at
Vadodara, admitted there from 13/4/99 to 5/7/99. He had to
undergo much painful treatment, wherein, even his half of the
right hand wrist was required to be amputated.
2.3 Dr. Mahesh Patel issued disability certificate, as per
which, the claimant received 34% permanent partial disability
right upper limb, namely right hand. It is also reported in the
certificate that the claimant suffered disability of 15% due to
loss of index finger and 24% due to loss of function of right
thumb.
2.4 Therefore, the appellant have prayed compensation for
Rs. 5,00,000/- and held that the respondents jointly and
severally liable to pay the amount of compensation.
2.5 The learned Tribunal after assessing issue of inter se
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negligency of the vehicle, granted the compensation as stated
herein above.
2.6 Hence, present First Appeal.
3. Heard learned advocates for the respective parties.
4. At the outset, I may refer to the disability certificate
(Exh.43) issued by Dr. Mahesh Patel and proved by the
doctor's testimony at Exh. 56. The certificate recorded
following injuries:-
“Right Hand.:-
Tenderness + all around the wrist Joint & Hand.
Swelling + on the wrist & Hand due to flap.
Scar Well Healed & Tender.
Amputated Thumb & Index Finger.
Power:- Grade 4 in all groups of muscles in the Elbow.
Hand is Functionless due to loss of Extensors of wrist
& Hand.
Movements:-All the movements of wrist & Fingers
lost.
HIS PERMANENT PARTIAL DISABILITY ASSESSED
TODAY IS 34% (THIRTY FOUR PERCENT) OF RIGHT
UPPER LIMB- (15 % Due to Index Finger & 24 % Due
to loss of function of Thumb).”
5. The certificate further records that the claimant, who
was working as a labourer, had lost the use of his right index
finger and thumb, and that this made clear that the claimant,
who was required to use his right hand for his work, had lost
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material earning capacity. Therefore, learned Tribunal has
not committed any error in taking up 50% functional
disability. However, the learned Tribunal erred in not
granting compensation towards loss of future prospects in
view of the judgment of the Hon’ble Apex Court in case of
V.Pathmavathi Versus Bharthi Axa General Insurance
Co.Ltd., AIR 2026 SC 840 .
6. The income part taken up by the learned Tribunal is
correct being based on the claimant's rate of earnings, and
that the claimant had not placed on record any other source of
income or any later income figure. Multiplier taken up by the
learned Tribunal is also correct since the claimant is of 22
years of age. However, the compensation under other heads
are required to be worked out.
7. To be noted that this was a case involving composite
negligence. The claimant was not the driver of either vehicle,
but was travelling as a passenger in one of the tempos, and
had not in any way contributed to the accident. In these
circumstances, relying on the observations in a recent
judgment of the Supreme Court in case of Manomati
Chouhan Versus Oriental Insurance Co. Ltd., 2026 ACJ
742 , the opponent Nos.1,2 and 4 are held to be jointly and
severally liable towards the compensation.
8. Therefore, total compensation would be as under, which
the claimant/s is/are entitled to get.
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Particulars Amount (Rs.)
Future loss of income (50% disability) 3,02,400/-
Pain, shock and suffering 1,00,000/-
Medical expenses 10,000/-
Special diet, attendant charges,
10,000/-
transportation & prosthetic leg
6 months monthly income 12,000
Loss of amenities 25,000/-
Total… 4,59,400/-
Less : Amount which is already awarded 2,75,000/-
Additional amount which is awarded 1,84,400/-
9. Therefore, I hold that the claimant are entitled to get
the enhanced compensation of Rs.1,84,400/- with 9% p.a.
interest from the date of filing the claim petition till its
realisation, which would meet the ends of justice. Rest of the
direction(s) of the Tribunal remain same.
10. For the reasons recorded above, the following order is
passed.
10.1 The present appeal is partly allowed .
10.2 The Insurance Company is directed to deposit the
enhanced amount Rs.1,84,400/- with 9% p.a. interest from the
date of claim petition till its realization before the concerned
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Tribunal, within a period of 12 weeks from the date of receipt of
this order. The claimant would be entitled to recover the
enhanced amount of compensation from the respondent
Nos.1,2 and 4 jointly and severally.
10.3 It is clarified that the insurance company, if paid an
amount in excess of its share of liability would be entitled to
recover the excess amount from the other opponent/s.
10.4 The Tribunal shall disburse the entire awarded
amount lying in the FDR and/or with the Tribunal, with accrued
interest thereon, if any, to the claimant, by account payee
cheque / NEFT / RTGS, after proper verification and after
following due procedure.
10.5 While making the payment, the Tribunal shall deduct
the courts fees, if not paid, in accordance with rules/law.
11. Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
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