HEIRS OF DECD. SHANABHAI DEVJIBHAI THAKOR vs PUROHIT PRITESHKUMAR BHAVESHKUMAR

Court
Gujarat High Court

C/FA/267/2013 (GJHC240386962013) JUDGMENT DATED: 01/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 267 of 2013

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE J. C. DOSHI

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Approved for Reporting Yes No
No
==========================================================
HEIRS OF DECD. SHANABHAI DEVJIBHAI THAKOR & ORS.
Versus
PUROHIT PRITESHKUMAR BHAVESHKUMAR & ORS.
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Appearance:
ADVOCATE NOTICE SERVED for the Appellant(s) No. 1,2,4
HCLS COMMITTEE(4998) for the Appellant(s) No. 3
MS.FALGUNI D.TRIVEDI(3912) for the Appellant(s) No. 3
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 01/09/2026

JUDGMENT
1. Original claimants have appealed under section 173 of
Motor Vehicle Act, 1988 to challenge judgment and award dated
16.06.2012 passed by learned MACT (Auxi), Kheda at Nadiad in
MACP No.622 of 2011, by which learned Tribunal granted
compensation of Rs.4,06,500/- with interest at the rate of 7.5%
per annum from the date of claim petition till realization for
death of Shanabhai Devjibhai Thakor in killer road accident.
2. Heard learned advocates for the parties.
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C/FA/267/2013 (GJHC240386962013) JUDGMENT DATED: 01/09/2026
3. Issue involved in the appeal is with regard to enhancement
of compensation. It is mainly argued by learned advocate for the
appellant that learned Tribunal has not properly assessed
compensation. It is also argued that learned Tribunal did not
consider income as per rate of minimum wages and did not grant
compensation for loss of future prospects. It is also submitted
that other pecuniary heads are not decided in accordance with
judgment of Sarla Verma v/s. DTC [[(2009) 6 SCC 121] ,
approved by the Constitution Bench in the case of National
Insurance Company Ltd. v/s. Pranay Sethi [2017 (16) SCC
680] as well as judgment in the case of Magma General
Insurance Company Limited v. Nanu Ram @ Chuhru Ram &
Ors. [2018 (18) SCC 130] . Therefore, it is submitted to re-work
out and grant compensation.
4. Learned advocate for the other side against aforesaid
submission supported impugned judgment and award.
5. Having gone through Record and proceedings as well as
impugned judgment and award, what appears tha tlearned
Tribunal has taken Rs.3000/- per month as income of the
deceased for the accident which took place in the year 2011 and
did not grant compensation for loss of future prospects.
Deceased was 45 years at the time of accident. Thus, 25% is
required to be added for future prospects and 1/4 is to be
deducted from income of deceased towards personal expenses.
Considering total number of dependents, compensation is
required to be assessed for each claimant. Likewise, loss of
estate and funeral expenses is required to be re-assessed. Total
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C/FA/267/2013 (GJHC240386962013) JUDGMENT DATED: 01/09/2026
amount towards loss of dependency would be Rs.6,88,296/-
[Rs.4370/- per month + 25% = Rs.5462/- minus 1/4 (i.e.
Rs.1365) = Rs.4097 x 12 x 15]
6. Therefore, total compensation which is re-assessed would
be as under, which the claimants/s is/are entitled to get.
Particulars Amount (Rs.)
Amount (Rs.)
awarded by
assessed by
learned Tribunal
this Court
Future dependency Loss 3,78,000/- 6,88,296/-
Loss of consortium 15,000/- 1,93,600/-
Funeral expenses 5,000/- 18,150/-
Loss of estate 2500/- 18,150/-
Medical expenses 3000/- 6,000/-
Total… 4,06,500/- 9,24,196/-
Less: amount which is
4,06,500/-
already awarded by
learned Tribunal.
Additional amount
5,17,696/-
which is awarded
7. Therefore, I hold that the claimant/s are entitled to
get the total amount of additional compensation of
Rs.5,17,696/- with 7.5% p.a. interest from the date of filing the
claim petition till its realisation, which would meet the ends of
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C/FA/267/2013 (GJHC240386962013) JUDGMENT DATED: 01/09/2026
justice. The Tribunal has already awarded Rs.4,06,500/-,
therefore, remaining amount of Rs.5,17,696/- would be the
enhanced amount of compensation payable to the claimant/s.
8. For the reasons recorded above, the following order is
passed.
8.1 The appeal is partly allowed .
8.2 The Insurance Company is directed to deposit the
enhanced amount Rs.5,17,696/- with 7.5% p.a. interest from
the date of claim petition till its realisation before the concerned
Tribunal, within a period of 12 weeks from the date of receipt of
this order.
8.3 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.
8.4 While making the payment, the Tribunal shall deduct
the courts fees, if not paid, in accordance with rules/law.
8.5 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SATISH
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