VIKRAMBHAI GANDABHAI PATEL vs BABUBHAI BALUBHAI RAWAL
- Court
- Gujarat High Court
C/FA/200/2021 JUDGMENT DATED: 03/11/2026
(GJHC240502562020)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 200 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE L. S. PIRZADA
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Approved for Reporting Yes No
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VIKRAMBHAI GANDABHAI PATEL & ORS.
Versus
BABUBHAI BALUBHAI RAWAL & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4,5
MR DK CHAUDHARI(5361) for the Defendant(s) No. 1,2
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
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CORAM: HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 03/11/2026
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 by the judgment and
award dated 05.10.2019 passed by Motor Accident Claims
Tribunal (Main), Mehsana in MACP No. 22 of 2017.
2. Brief facts of the case are as under:
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2.1 On 11.01.2017 at about 6:45 am deceased - Tapankumar
Vikrambhai Patel was by driving motorcycle No. GJ-2-AL-7154 on
Langhnaj-Gozariya Road, in moderate speed and on correct side
of the road and at that time when he was passing near Village:
Charadu, where the loading rickshaw no. GJ-18-AV-351 came
from the opposite direction driving at a very high speed and in
rash and negligent manner, and while overtaking ongoing
vehicle dashed with the motorcycle which resulted into the
deceased sustaining serious injuries and he died on the spot.
Pursuant to this accident, a complaint came to be lodged against
the driver of the loading rickshaw before the Langhnaj Police
Station vide I.CR no. 6 of 2017.
2.2 The legal representatives of the deceased filed Claim
Petition before the learned Tribunal to get compensation of
Rs.25,00,000/-. After considering the submissions of the
respective parties and evidence on record, the learned Tribunal
had partly allowed the Claim Petition and awarded compensation
to the tune of Rs.11,67,882/- together with proportionate costs
and interest at the rate of 9% per annum from the date of the
petition, till its realization.
3. Being aggrieved and dissatisfied with the above judgment
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and award passed by the learned Tribunal, the present appeal
has been preferred seeking enhancement of the compensation
awarded. The present appeal has been preferred mainly on the
grounds of negligence and consortium not been properly
awarded by the learned Tribunal.
4. Heard learned advocate Mr. Nishit Bhalodi for the
appellants. He has submitted that the Tribunal has wrongly come
to the conclusion that the 20% negligence in the accident was of
the deceased and 80% negligence was of opponent no. 1, driver
of the loading rickshaw. He further submitted that considering
the panchnama and other documentary evidences produced, it
was crystal clear that the opponent no. 1, the driver of the
loading rickshaw, was 100% negligent in causing the accident.
4.1 Learned advocate Mr.Bhalodi has submitted that as per the
judgment of the Hon’ble Supreme Court in the case of National
Insurance Company Ltd. vs. Pranay Sethi & Ors., reported
in 2017 ACJ 2700, and more particularly, as per the judgment of
the Hon’ble Supreme Court in the case of United India
Insurance Co. Ltd. Vs. Satinder Kaur reported in 2021 (11)
SCC 780, every dependent member in the family is entitled for
the loss of consortium. Mainly on these two grounds, the
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judgment and award of the Tribunal has been assailed. He,
therefore, submitted that the present appeal deserves to be
allowed.
5. Per contra, learned advocate Mr. GC Mazmudar for the
insurance company, has vehemently opposed the present appeal
and submitted that the learned Tribunal has rightly held that 20%
negligence in the accident was of the deceased and has rightly
granted loss of consortium and other amount like loss of estate
and funeral expenses. He has submitted that considering this,
the present appeal is devoid of any merits and is required to be
dismissed.
6. Heard learned advocates for the respective parties.
7. Considered the rival submissions made by the learned
advocates for the respective parties, perused the impugned
judgment and award and record and proceedings of the learned
Tribunal.
8. So far as the question of negligence is concerned, the
learned Tribunal in the impugned judgment and award, more
particularly, in paragraph 10, has considered the panchnama and
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it appears that merely on the basis of that, the learned Tribunal
came to the conclusion that the accident took place on account
of contributory negligence on the part of opponent no.1. Further,
it is evident from the record that the driver of the loading
rickshaw had not stepped into the witness box to give his
evidence. The FIR under chargesheet is against the driver of the
loading rickshaw and even considering the panchnama of scene
of offence which has been produced before the learned Tribunal,
vide exhibit 23, it becomes crystal clear that so far as negligence
part is concerned, the opponent no.1 - driver of the loading
rickshaw no. GJ-18-AV-351 is 100% negligent in causing the
accident. Hence, the finding recorded by the learned Tribunal
that the deceased was negligent to the extent of 20% in causing
the accident is hereby quashed and set aside.
9. So far as the other argument regarding the loss of
consortium to be awarded to every dependent member of the
family is concerned, considering the judgment of the Hon’ble
Supreme Court in the case of Satinder Kaur (supra), the said
amount is required to be granted.
10. So far as the amount awarded for loss of estate is
concerned, the learned Tribunal has awarded Rs.15,000/- which
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is enhanced to Rs.19,965/-. The amount of Rs.15,000/- awarded
for funeral expenses by the learned Tribunal is enhanced to
Rs.19,965/-. Moreover, the amount of Rs.40,000/- awarded by
the learned Tribunal for loss of consortium is enhanced to
Rs.53,240/- for each of the dependent member of the family.
11. Considering the above, the appellants are entitled to get
compensation of an amount which is computed as under:
Awarded by
Heads
Reassessed by
Tribunal
this Court
Income Rs.9732/- Rs.9732/-
Prospective rise
40% 40%
in income
Rs.13,625/- Rs.13,625/-
Dependency ½ (Rs.6813/-) ½ (Rs.6813/-)
6812 x 12 6812 x 12
Multiplier 17 17
Future loss of
Rs.13,89,648/- Rs.13,89,648/-
dependency
Loss of Estate Rs.15,000/- Rs.19,965/-
Funeral Expenses Rs.15,000/- Rs.19,965/-
Loss of
Consortium (for
Rs.1,06,480/-
Rs.40,000/-
(53,240 x 2)
two members)
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Rs.14,59,852/- Rs.15,36,058/-
(Less) Reduction
in amount for
negligency (20%)
Rs.2,91,970/- NIL
TOTAL Rs.11,67,882/- Rs.15,36,058/-
Total reassessed
amount by the
Rs.15,36,058/-
NIL
(-)Rs.11,67,882/-
Court (-) the
amount awarded
by the Tribunal
ENHANCED
NIL Rs.3,68,176/-
AMOUNT
12. Considering the above, the learned Tribunal awarded the
amount of compensation of Rs.11,67,882/- but as discussed
above, the claimants are entitled to an enhanced amount of
compensation to the tune of Rs.3,68,176/- along with interest at
the rate of 9% per annum from the date of Claim Petition till its
realization.
13. Hence, the present appeal is partly allowed. The impugned
judgment and award dated 05.10.2019 passed by Motor Accident
Claims Tribunal (Main), Mehsana in MACP No. 22 of 2017 stands
modified to the aforesaid extent. The rest of the impugned
judgment and award remains unaltered. The respondents shall
deposit the enhanced amount of Rs.3,68,176/- along with
interest as above before the Tribunal within a period of four
weeks from the date of receipt of copy of this order.
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14. Considering the fact that the accident took place in the
year 2017, after depositing the enhanced amount by the
insurance company, the total amount lying with the concerned
Tribunal is to be paid to the claimants along with the amount of
enhancement with accrued interest thereon, if any, by account
payee cheque/ NEFT/ RTGS after proper verification and
following due procedure.
15. The learned Tribunal is directed to recover or deduct the
deficit court fees on the enhanced amount and thereafter,
disburse the amount accordingly.
16. The record and proceedings, if any, be sent back to the
concerned Tribunal.
17. Award to be drawn accordingly.
(L. S. PIRZADA, J)
ANUSRI
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