ARVINDBHAI KARMSIBHAI PATEL vs AMINABEN IBRAHIMBHAI PANCHIA
- Court
- Gujarat High Court
C/FA/5053/2010 JUDGMENT DATED: 21/10/2026
(GJHC240446842010)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5053 of 2010
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ARVINDBHAI KARMSIBHAI PATEL
Versus
AMINABEN IBRAHIMBHAI PANCHIA & ANR.
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Appearance:
ADVOCATE NOTICE UNSERVED for the Appellant(s) No. 1
MS AKSHAYA PUROHIT for MR DAKSHESH MEHTA(2430) for the
Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 21/10/2026
JUDGMENT
1. The present First Appeal, under Section 173 of Motor
Vehicles Act, 1988, is preferred by the appellant – original
claimant being aggrieved and dissatisfied with the judgment and
award dated 19.11.2009 passed by the Motor Accident Claims
Tribunal, Modasa in Motor Accident Claim Petition No.170 of
2000.
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 disputed by the Insurance
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
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purpose in restating the same. Likewise, re-evaluating the
underlying findings would serve no useful purpose in the
appeal. The efficiency of stating the facts and evaluating the
evidence is entirely justified, since the core element remains
undisputed. Thus, reiterating these settled matters would
only clutter the final judicial analysis. Therefore, this Court
can safely adopt the existing record without further review.
This omission ensures a focused, clear, and efficient resolution
of the remaining issue argued before the Court.
3. Advocate notice issued to the appellant remained unserved.
It appears that the Tribunal has committed an error in not
properly calculating the amount of compensation. It also appears
that amount of award is on lower side as the Tribunal has not
properly considered the various aspects; like pain, shock and
suffering, transportation, special diet, medical expenses etc.
4. Per contra , learned advocate for respondent –
Insurance Company has submitted that the impugned judgment
and award passed by the Tribunal is just and proper and
therefore, it is prayed to dismiss the appeal.
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
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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 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
claimant. 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.
6.1 I have considered the submissions made by the rival
parties. I have perused the record and proceedings of the
Tribunal. I have gone through the impugned judgment and
award passed by the learned Tribunal. From the record, it
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transpires that the learned Tribunal has committed error in
assessing and granting the compensation and the same is
required to be enhanced suitably.
6.2 Therefore, total compensation would be as under, which
the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future loss of income 1,10,208/-
Loss of actual income 31,500/-
Pain, shock and suffering 30,000/-
Medical expenses 43,000/-
Special diet, attendant charges,
30,000/-
transportation
Total… 2,44,708/-
Less : Amount which is already awarded 1,48,000/-
Additional amount which is awarded 96,708/-
7. Therefore, I hold that the claimant are entitled to get
the enhanced compensation of Rs.96,708/- with 7% p.a. interest
from the date of filing the claim petition till its realisation, which
would meet the ends of justice.
8. For the reasons recorded above, the following order is
passed.
8.1 The present appeal is partly allowed .
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8.2 The Insurance Company is directed to deposit the
enhanced amount Rs.96,708/- with 7% p.a. interest from the
date of claim petition till its realization before the concerned
Tribunal, within a period of eight weeks from the date of receipt
of this order. Rest of the direction(s) of the Tribunal remain
same.
8.3 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.
8.4 While making the payment, the Tribunal shall deduct
the courts fees, if not paid, in accordance with rules/law.
8.5 The claimant is not entitled for interest on
enhanced amount of compensation for delayed period of 165
days.
9. Record and proceedings be sent back to the concerned
Tribunal, forthwith.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
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