KARMABEN VARSINGBHAI CHARPOT vs DILIPKUMAR BHUNDABHAI CHARPOT
- Court
- Gujarat High Court
C/FA/4368/2022 JUDGMENT DATED: 04/11/2026
(GJHC240087952022)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4368 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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KARMABEN VARSINGBHAI CHARPOT & ORS.
Versus
DILIPKUMAR BHUNDABHAI CHARPOT & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4,5,6,7
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM : HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 04/11/2026
ORAL JUDGMENT
1. The present appeal has been preferred by the appellants
– original claimants under Section 173 of the Motor Vehicles
Act, 1988, being aggrieved and dissatisfied with the judgment
and award dated 18.02.2021 passed by the M.A.C.T. (Aux.) &
rd
3 Additional District Judge, Dahod in M.A.C.P. No.124 of
2016.
2. Since the factual aspects of the case involving the
vehicle in the road accident and the liability of the owner as
well as the insurer are not in dispute by the Insurance
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Company, to streamline the consideration of the present
appeal, I have adopted approach that avoids burdening the
judgment with unnecessary narration, since the facts are
already detailed in the record and there is no practical
purpose in restating the same. Likewise, re-evaluating the
underlying findings would serve no useful purpose in the
appeal. Thus, reiterating the settled matters would only
clutter the final judicial analysis. Therefore, this Court can
safely adopt the existing record without further review and
the omission ensures a focused, clear, and efficient resolution
of the remaining issue argued before the Court.
3. Learned advocate Mr.Nishit Bhalodi for the appellants
submitted that the present appeal has been preferred only on
the ground that the income of the deceased assessed by the
learned Tribunal is on the lower side, which is at Rs.7,240/-.
On the contrary, the accident took place on 27.12.2015 and at
that time, the prevailing rate of minimum wage was Rs.7886/-.
It is submitted that 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 , the general
and non-pecuniary damages of Rs.19,965/- each towards the
loss of estate and funeral expenses should be awarded and as
per the judgment of the Hon’ble Apex Court in the case of
United India Insurance Co. Ltd. vs. Satinder Kaur @
Satwinder Kaur , reported in (2021) 11 SCC 780 , the loss of
consortium should be given to each claimant. It is submitted
that in the present case, there are total 7 claimants and
hence, amount of Rs.53,240/- is required to be given to each
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claimant and for that purpose only, the present appeal is
required to be allowed.
4. Per contra, learned advocate Mr.Palak Thakkar for the
respondent – insurance company has vehemently opposed the
present appeal and submitted that the impugned judgment
and award passed by the learned Tribunal is just and proper.
It is submitted that the learned Tribunal has rightly
considered the income of the deceased, age of the deceased,
dependency loss and aspect of future income has also rightly
been considered. It is submitted that under the heads of loss
of estate and funeral expenses, the learned Tribunal has
rightly awarded compensation. Further, the amount under the
head of loss of consortium awarded by the learned Tribunal is
just and proper. Thus, it is submitted that no interference is
required at the hands of this Court and the present appeal is
required to be dismissed.
5. Apt to note that the Motor Vehicle Act, 1988 is a
beneficial piece of Legislation. The concept of just and fair
compensation is integral and seminal to the MV Act. The
compensation to be awarded under the principle of just and
fair compensation to the injured of the road accident or the
legal representative/s of the deceased person is based on the
principle of fairness, reasonableness and equability. Anguish
of the heart or for mental turbulence being consequential
result of the road accident cannot be actually compensated,
but the quint essentiality lies in adopting holistic and
pragmatic view to the computation of the compensation for
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the loss sustained, which is to be in the realm of realistic
approximation. Although exact or perfect arithmetical
calculation of compensation for reparation of the loss arrived
from the road accident is almost impossible. The Tribunal is
bestowed with duty to make an endevour to award just
compensation regardless of the amount claimed by the
claimants. The determination of the quantum of compensation
therefore, must be liberal and not niggardly since the law
values life and limb in a free country in generous scale.
Needless to state that money may be awarded, so that
something tangible may be procured to reach something else
of the like nature, which has been destroyed or lost, but
money cannot renew physical frame that has been battered
and shattered being a result of the road accident. Yet Tribunal
to endavour to bring back victim to stage of pre-road accident
as far as possible Thus, the award must be reasonable and
cannot be assessed with moderation though it cannot at the
same time be pity and what could be granted must be just,
fair and equitable compensation.
6. I have considered the submissions made by the rival
parties and perused the Record & Proceedings. The present
appeal pertains only to the aspect of quantum as the learned
Tribunal has assessed the income of the deceased as
Rs.7,240/- but, as per the argument of the learned advocate
for the appellants, the accident took place in the year 2015
and the deceased was working as helper in Sandeep
Enterprises, Bharuch and was doing unskilled labour work.
Thus, considering the minimum wage prevailing in the year
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2015 at Rs.7886/- and also considering that the age of the
deceased was 33 years, 40% prospective income is required to
be added. Thus, total amount comes to Rs.11,040/-. Further,
considering dependency of 7 members, 1/5th deduction has
rightly been deducted by the learned Tribunal and multiplier
of 16 has rightly been given by the learned Tribunal.
7. In view of the above and considering the ratio laid down
by the Hon’ble Apex Court in the case of Pranay Shethi
(supra) and Satinder Kaur @ Satwinder Kaur (supra), total
compensation, which the claimants are entitled to get is as
under:-
Sr.N
o.
Particulars Reassessed by this Court
1. Future loss of income Rs.16,95,744/-
2. Loss of estate Rs.19,965/-
3. Funeral expenses Rs.19,965/-
4. Loss of Consortium to
be awarded
Rs.3,72,680/-
(Rs.53,240/- x 7) = Rs.21,08,354/-
5. Less: Compensation
awarded by the
Tribunal
Rs.21,08,354/- (-) Rs.15,86,928/-
Additional amount
awarded
Rs.5,21,426/-
8. Therefore, I hold that the claimants are entitled to get
the enhanced amount of compensation of Rs.5,21,426/- with
interest at the rate of 9% p.a. from the date of filing of the
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claim petition till its realization, which would meet the ends of
justice. Rest of the directions of the Tribunal remain same.
9. For the reasons recorded above, the following order is
passed.
10. The present appeal is partly allowed.
11. The Insurance Company is directed to deposit the
enhanced amount with interest as stated hereinabove within a
period of six weeks from the date of receipt of this order.
12. 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 claimants, by account payee
cheque / NEFT / RTGS, after proper verification and after
following due procedure.
13. While making the payment, the Tribunal shall deduct the
courts fees, if not paid, in accordance with rules/law.
14. Award be drawn accordingly.
15. Record & proceedings, if any, to be sent back to the
concerned Tribunal forthwith.
(L. S. PIRZADA, J)
Hitesh
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