MUKESHBHAI PABUDANSINH SHEKHAVAT vs CHIRAGBHAI PIYUSHBHAI SHAH
- Court
- Gujarat High Court
C/FA/4515/2022 JUDGMENT DATED: 05/11/2026
(GJHC240715742018)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4515 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE L. S. PIRZADA
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Approved for Reporting Yes No
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MUKESHBHAI PABUDANSINH SHEKHAVAT
Versus
CHIRAGBHAI PIYUSHBHAI SHAH & ORS.
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Appearance:
MR PRATIK Y JASANI(5325) for the Appellant(s) No. 1
MS KARUNA V RAHEVAR(3818) for the Defendant(s) No. 2,4
NOTICE SERVED for the Defendant(s) No. 3
NOTICE UNSERVED for the Defendant(s) No. 1
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CORAM : HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 05/11/2026
ORAL JUDGMENT
1. The present appeal under Section 173 of the Motor
Vehicles Act, 1988 has been preferred by the present
appellant – original claimant against the judgment and award
dated 01.12.2017 passed by the Motor Accident Claims
th
Tribunal (Special) & 9 Additional District Judge, Rajkot in
M.A.C.P. No.31 of 2008.
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2. Short facts leading to filing of the present appeal are as
under:-
2.1. On 10.01.2007 at about 5:00 a.m., when the present
appellant was travelling in Eicher Matador bearing
registration No.GJ-1U-3556 and when the Eicher Matador
reached near the board of village: Rangpar on Rajkot -
Jamnagar High Way, at that time, driver of the truck bearing
No.GJ-18T-1133 came driving the truck at an excessive speed,
rashly and negligently, so as to endanger the human life,
dashed with the Eicher Matador and caused accident, as a
result of which, the appellant – claimant sustained serious
injury and permanent partial disablement. Pursuant to that,
the claim petition has been preferred, which came to be partly
allowed the learned Tribunal has awarded total compensation
of Rs.1,94,308/- with 9% interest p.a. from the date of filing of
the claim petition till realization from the the respondent
Nos.1 and 2 jointly. Being aggrieved and dissatisfied with the
said judgment and award, present appeal has been preferred.
3. Learned advocate Mr.Pratik Y. Jasani for the appellant
submitted that so far as the age is concerned, birth date of the
appellant is 10.06.1980 and the accident took place on
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10.01.2007 so, at the time of accident, age of the appellant
was 27 years. It is submitted that it is the case before the
learned Tribunal that the appellant was doing labour work
and thereby, earning Rs.2500/- per month. However, the
learned Tribunal has assessed the income at Rs.1800/-. It is
submitted that so far as disability of 14% is concerned, it is
not under challenge but, at the time of accident, the minimum
wage was prevailing at the rate of Rs.2,400/- per month and
as per the judgment of the Hon’ble Apex Court in the case of
National Insurance Company Limited v. Pranay Sethi ,
reported in (2017) 16 SCC 680 , 40% future prospective
income is required to be given and the learned Tribunal has
awarded actual loss of income of Rs.5,400/- for 3 months but,
as per the minimum wage and future prospective income, the
actual loss is required to be given. It is submitted that mainly
on this ground only, present appeal has been preferred for
enhancement of compensation.
4. On the hand, learned advocate Ms.Karuna Rahevar for
the respondent – insurance company has vehemently opposed
the present appeal and submitted that the compensation
awarded by the learned Tribunal is just and proper and does
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not require any interference and present appeal, being devoid
of any merit, is required to be dismissed.
5. I have considered the rival submissions made by the
respective parties, perused the Record & proceedings of the
learned Tribunal and also gone through the impugned
judgment and award passed by the learned Tribunal.
6. So far as filing of the present appeal, only on the aspect
of quantum is concerned, it is not in dispute that at the time of
accident, the age of the present appellant – original claimant
was 27 years. It was the case that the claimant was earning
Rs.2500/- per month by doing labour work but, the learned
Tribunal has assessed the income at Rs.1800/- per month for
arriving at just compensation. Considering the minimum wage
prevailing in the year 2007, amount of Rs.2400/- per month is
required to be assessed and as the age of the claimant was
below 40 years, he is entitled to get 40% future prospective
income and, therefore, his income can be assessed at
Rs.3360/- per month.
7. So far as future loss of income is concerned, considering
the body as a whole, 14% disability has been agreed between
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the parties before the learned Tribunal and considering the
income, functional disability and multiplier, future loss of
income comes to Rs.3360 x 14% x 12 x 17 = Rs.95,962/-.
8. Further, since the income reassessed by this Court at
Rs.3360/-, the appellant is entitled for actual loss of income
for 3 months i.e. at Rs.3360/- x 3 = Rs.10,080/-.
9. Thus, the total compensation, which the claimant is
entitled to get, is reassessed as under:
Heads of
Reassessed by this Court
Compensation
Future loss of income
Rs.95,962/-
(14% disability)
Pain, shock & suffering Rs.10,000/-
Special diet, attendance
Rs.7500/-
& transportation
Medical expenses Rs.1,20,000/-
Actual loss of income Rs.10080/-
Total compensation Rs.2,43,542/-
Less: Compensation
already awarded by the
Tribunal
Rs.1,94,308/-
Additional
Rs.49,234/-
Compensation
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10. Therefore, I hold that the claimant is entitled to get
enhanced compensation of Rs.49,234/- with interest at the
rate of 9% p.a. from the date of filing of the claim petition till
its realization from the respondent Nos.1 and 2 only, which
would meet the ends of justice.
11. For the reasons recorded above, the following order is
passed:-
a. The present appeal is partly allowed. The impugned
judgment and award dated 01.12.2017 passed by the Motor
th
Accident Claims Tribunal (Special) & 9 Additional District
Judge, Rajkot in M.A.C.P. No.31 of 2008 is hereby modified to
the aforesaid extent.
b. The – Oriental Insurance Company Ltd. is
respondent
directed to deposit the enhanced amount of Rs.49,234/- along
with interest at the rate of 9% p.a. before the concerned
learned Tribunal from the date of filing of the claim petition
till realization, within a period of six weeks from the date of
receipt of copy of this order. The rest of the directions issued
by the learned Tribunal shall remain the same.
c. The learned Tribunal shall disburse the entire awarded
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amount, including the amount lying in FDR and/or with the
Tribunal, together with accrued interest, if any, to the
claimant by account-payee cheque or through NEFT / RTGS,
after proper verification and after following the prescribed
procedure..
d. While making the payment, the learned Tribunal shall
deduct the court fees, if any, remaining unpaid in accordance
with the applicable rules/law.
e. Award be drawn accordingly.
f. Record & proceedings, if any, shall be sent back to the
concerned Tribunal forthwith.
(L. S. PIRZADA, J)
Hitesh
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