SHARDABEN W/O NAVINCHANDRA PATEL AND D/O KALIDAS LALABHAI PATEL vs MAHESH SITARAM CHAUHAN (DELETED)
- Court
- Gujarat High Court
C/FA/599/2016 JUDGMENT DATED: 03/11/2026
(GJHC240420882016)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 599 of 2016
==============================================================
SHARDABEN W/O NAVINCHANDRA PATEL AND D/O KALIDAS
LALABHAI PATEL
Versus
MAHESH SITARAM CHAUHAN (DELETED) & ORS.
================================================================
Appearance:
MR. HEMAL SHAH(6960) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1
MR NIKUNT K RAVAL(5558) for the Defendant(s) No. 3
MR RAKESH B SHARMA(2521) for the Defendant(s) No. 2
MS DISHA N NANAVATY(2957) for the Defendant(s) No. 4.1,4.2,4.3
================================================================
CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 03/11/2026
JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The occurrence of an accident on 30.07.2009, between a
motorcycle and a truck, is not in dispute. As a result of this
accident, the claimant, who was a pillion rider, suffered grievous
injuries. As a matter of fact, the rider of the motorcycle was
killed and his claim for compensation by his legal
representatives was dealt separately by us in First Appeal No.
709 of 2016. This appeal is however, in relation to, as stated
above, the claim of the pillion rider.
2. The Tribunal on consideration of the evidence, has come to
the conclusion that the claimant had suffered 53% disability to
the whole body and she was entitled to a total compensation of
Rs.8,81,600/-.
Page 1 of 4
Uploaded by YASH ARORA(HC02369) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 19:42:34 IST 2026
C/FA/599/2016 JUDGMENT DATED: 03/11/2026
(GJHC240420882016)
3. The claimant, being dissatisfied with the award, is in
appeal.
4. It is principally contended that the claimant was
hospitalized for more than 76 days and, therefore, the sums
awarded towards pain, shock and suffering are extremely meager
and deserve to be substantially enhanced. It is also sought to be
argued that since the claimant had suffered 53% disability,
appropriate sums ought to be awarded under the head of loss of
amenities.
5. The insurer has not preferred an appeal in so far as it
relates to the grant of compensation for loss of future earning.
6. We are, therefore, required only to consider whether the
sums awarded towards pain, shock and suffering are adequate
and whether the claimant would be entitled for any sum under
the head of loss of amenities.
7. The evidence on record indicates that the claimant was
hospitalized for 76 days and was subjected to certain surgical
procedures also. In fact, the Tribunal has recorded a finding that
she was admitted in different hospitals at Karamsad and Anand
and was also indoor patient for certain days.
8. In the light of the fact that the claimant suffered a fracture
to her tibia and fibula of her right leg, fracture of the superior
and inferior pubic rami of both hips with fracture of the 6th, 7th,
and 8th ribs, in our view it would be appropriate to award a sum
of Rs.1,00,000/- towards pain, shock and suffering. The sum of
Page 2 of 4
Uploaded by YASH ARORA(HC02369) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 19:42:34 IST 2026
C/FA/599/2016 JUDGMENT DATED: 03/11/2026
(GJHC240420882016)
Rs.20,000/- has been awarded towards special diet, attendant
and transportation charges. Given the length of hospitalization,
this sum would to be enhanced to Rs.50,000/-.
9. We also notice that no sum has been awarded towards loss
of amenities, though the claimant had suffered 53% permanent
disability. We are of the view that it would be appropriate to
award a sum of Rs.1,00,000/- towards loss of amenities.
10. The sum awarded towards medical expenses are just and
proper and are affirmed.
11. Similarly, the sum awarded towards loss of earning having
been accepted by the insurer and hence, the same does not
require any consideration.
12. In all, the claimant would be entitled to the following sums:
Particulars Amounts awarded by
Enhanced Amount
the Tribunal (Rs.)
(Rs.)
Loss of earning 6,74,754.12/- 6,74,754.12/-
Pain shock and
25,000/- 1,00,000/-
suffering
Special diet attendant
20,000/- 50,000/-
and transportation
Medical and treatment
1,61,822/- 1,61,822/-
expenses
Loss of amenities - 1,00,000/-
Total 8,81,567.12 10,86,576.12/-
Enhanced amount of
Rs.10,86,576/- – Rs.8,81,600/-=
compensation
Rs. 2,04,976/-
Page 3 of 4
Uploaded by YASH ARORA(HC02369) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 19:42:34 IST 2026
C/FA/599/2016 JUDGMENT DATED: 03/11/2026
(GJHC240420882016)
13. The appeal is, thus, allowed to the aforesaid extent. The
claimant is entitled to an additional sum of Rs. 2,04,976/- with
9% interest from the date of the claim petition filed by the
claimants before the Tribunal till its realization. The enhanced
amount shall be deposited by the ICICI Lombard Motor
Insurance Co. within a period of EIGHT WEEKS from the date of
receipt of copy of this judgment.
14. The enhanced amount which shall be deposited pursuant
to this order shall be disbursed to the claimant, upon proper
verification, through NEFT/RTGS.
15. R & P, if called for, be sent back to the concerned Tribunal
forthwith.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
YASH ARORA
Page 4 of 4
Uploaded by YASH ARORA(HC02369) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 19:42:34 IST 2026