DARSHANABEN MILINDKUMAR SHAH vs HANIFBHAI SULEMANBHAI MAKRANI
- Court
- Gujarat High Court
C/FA/2522/2025 (GJHC240470822025) JUDGMENT DATED: 01/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2522 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE J. C. DOSHI
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Approved for Reporting Yes No
No
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DARSHANABEN MILINDKUMAR SHAH & ORS.
Versus
HANIFBHAI SULEMANBHAI MAKRANI & ORS.
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Appearance:
MR. HEMAL SHAH(6960) for the Appellant(s) No. 1,2,3,4,5
DS AFF.NOT FILED (N) for the Defendant(s) No. 2
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 3
MR. RUSHANG D MEHTA(6989) for the Defendant(s) No. 3
SERVED BY AFFIX(N) for the Defendant(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/09/2026
JUDGMENT
1. This appeal under section 173 of Motor Vehicle Act, 1988
is filed against judgment and award dated 28.03.2025 passed by
learned MACT (Main), Morbi in MACP No.191 of 1994, whereby,
learned Tribunal granted compensation of Rs.5,40,000/- with
proportionate cost and interest at the rate of 7% per annum from
the date of claim petition till realization.
2. Heard learned advocates for the parties.
3. Fact of accident; fact that deceased – Milindkumar
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C/FA/2522/2025 (GJHC240470822025) JUDGMENT DATED: 01/09/2026
Natwarlal Shah died out of accident and issue of complete
negligence of driver of Truck No.GTP-4617 are not in dispute.
4. Learned counsel for both sides fairly submitted that the
aforementioned facts are undisputed, and therefore, this Court
refrains from burdening this judgment by restating them. What
is disputed is amount of monthly income of deceased taken by
learned Tribunal.
5. Acording to impugned judgment and award, learned MACT
has accepted last income tax return to consider early income of
Rs.22,110/-, taking up Rs.2000/- as monthly income, ignoring
previous income tax return of the deceased.
6. In the present case, deceased was partner in partnership
firm. Considering this aspect, according to this Court, learned
Tribunal has committed error in taking income from last income
tax return instead of taking average from previous income tax
return. Considering Exh.65 alongwith Exh.111; Exh.66
alongwith Exh.112; Exh.67 along with Exh.113 and Exh.68
along with Exh.114, monthly income of deceased would come to
Rs.2500/- per month. Deceased was 36 years old survived by 5
dependents. Therefore, looking to this aspect, 1/4 should be
deducted towards personal expenses and multiplier of 15 is
required to be applied.
7. In view of judgment of Hon’ble Supreme Court in the case
of National Insurance Company Ltd. Vs. Pranay Shethi
reported in (2017) 16 SCC 680 , Rs.18,150/- each towards loss
of estate and funeral expenses is required to be awarded.
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C/FA/2522/2025 (GJHC240470822025) JUDGMENT DATED: 01/09/2026
8. Therefore, total compensation would be as under, which
the claimants/s is/are entitled to get.
Particulars Amount (Rs.)
Future dependency Loss
4,72,500/-
Rs.2500/- per month + 40% prospective rise
= Rs.3,500/- and and deducting 1/4 amount
towards personal expenses the amount
would be Rs.2625/- per month and applying
15 multiplier, total amount would be
Rs.4,72,500/-
Loss of consortium (Rs.48,000/- x 5) 2,40,000/-
Funeral expenses 18,150/-
Loss of estate 18,150/-
Total… 7,48,800/-
Less: amount which is already awarded by
5,40,000/-
learned Tribunal.
Additional amount which is awarded 2,08,800/-
9. Therefore, I hold that the claimants are entitled to get the
enhanced compensation of Rs.2,08,800/- with 7% p.a. interest
from the date of filing the claim petition till its realisation, which
would meet the ends of justice.
10. For the reasons recorded above, the following order is
passed.
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C/FA/2522/2025 (GJHC240470822025) JUDGMENT DATED: 01/09/2026
10.1. The appeal is partly allowed .
10.2 The Insurance Company is directed to deposit the
enhanced amount of Rs.2,08,800/- with 7% p.a. interest from
the date of claim petition till its realisation before the concerned
Tribunal, within a period of six weeks from the date of receipt of
this order.
10.3 Upon deposit of amount, the Tribunal concerned
shall disburse the entire awarded amount lying in the FDR
and/or with the Tribunal, with accrued interest thereon, if any,
to the claimant/s, by account payee cheque / NEFT / RTGS,
after proper verification and after following due procedure.
10.4 While making the payment, the Tribunal shall deduct
the courts fees, if not paid, in accordance with rules/law.
10.5 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SATISH
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