RAMILABEN SOMABHAI AHIR vs SHRIRAM SUKHDEV GANGADE

C/FA/378/2021 JUDGMENT DATED: 16/10/2026
(GJHC240160912020)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 378 of 2021

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE J. C. DOSHI
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Approved for Reporting Yes No
No
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RAMILABEN SOMABHAI AHIR & ORS.
Versus
SHRIRAM SUKHDEV GANGADE & ORS.
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Appearance:
ADVOCATE NOTICE UNSERVED for the Appellant(s) No. 2
MS DISHA N NANAVATY(2957) for the Appellant(s) No. 1,3,4,5
MR VC THOMAS(5476) 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 : 16/10/2026

JUDGMENT
1. This Appeal at the behest of original claimants seeks
enhancement of compensation drawn by learned MACT, Tapi at
Vyara dated 04.12.2018 in MACP No.16 of 2018, by which
learned Tribunal after taking up the income of deceased at
Rs.3000/- and applying the other formula, assessed the
compensation at Rs.5,42,500/- with interest at 9% p.a. from the
date of claim petition till realization.
2. Since this is a simple case of enhancement, no other facts
are reproduced except that the deceased was 45 years old at the
time of the road accident. According to the claimant, the
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C/FA/378/2021 JUDGMENT DATED: 16/10/2026
(GJHC240160912020)
deceased was driving a tempo, engaged in animal husbandry
and agricultural activities on his agricultural land, and earning
Rs. 15,000 per month, in addition to Rs. 2 lakhs annually for the
maintenance of his family.
3. Learned advocate Ms. Nanvaty for appellants and learned
advocate Mr.Thomas for insurance company.
4. Learned Tribunal in absence of documentary evidence qua
income of the deceased took up Rs.3000/- per month for
accident which took place on 02.04.2013, the figure is much
below rate of minimum wages, revealing at the time of the road
accident. It was Rs.5470/- per month. Claimants have also
produced village form 7 and 12, as well as 8A, which draw
presumption that deceased was also doing agricultural work.
5. Thus I consider compensation for supervisory loss and
take up the monthly income of deceased to Rs.6000/-. Claimant
has proved that deceased was 45 years on the basis of his
school leaving certificate, which attracts multiplier of 14 and
addition of 25% towards loss of future prospects,
6. The Hon'ble Supreme Court, in case of National Insurance
Company Ltd. v. Pranay Sethi [(2017) 16 SCC 680] , at
paragraph 61(viii), standardized the amount of compensation
under the heads of loss of estate, loss of consortium, and funeral
expenses. The said judgment also directs that a 10% increase be
applied every three years. As of now, nine years have passed
since the pronouncement of the judgment in Pranay Sethi
(supra) .
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C/FA/378/2021 JUDGMENT DATED: 16/10/2026
(GJHC240160912020)
7. Moreover, the judgment in case in the case of United India
Insurance Co. Ltd., versus Satinder Kaur @ Satwinder Kaur
reported in (2021) 11 SCC 780, Hon’ble Superme Court
identified to grant compensation for loss of spousal, parental
and filal consumption individually to wife, parents and children.
In the case on hand, claimant No.1 is wife, claimant no.2 and 3
are children and claimant no.4 and 5 are parents.
8. Therefore, total compensation would be as under, which
the claimants/s is/are entitled to get.
Particulars Amount (Rs.)
Future dependency Loss
9,45,000/-
Rs.6000/- per month + 25% prospective
rise= Rs.7500/- x 12 = Rs.90,000/- per year
and deducting 1/4 towards personal
expenses = Rs.67,500/- p.a. and applying 14
multiplier, total amount would be
Rs.9,45,000/-
Loss of estate 19,965/-
Loss of consortium
2,66,200/-
Rs.53,240/- x 5
Funeral expense 19,965/-
Total 12,51,130/-
Less: compensation already awarded 5,42,500/-
Additional amount which is awarded 7,08,630/-
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C/FA/378/2021 JUDGMENT DATED: 16/10/2026
(GJHC240160912020)
9. Therefore, I hold that the claimants are entitled to get
the enhanced compensation of Rs.7,08,630/- with 9% p.a.
interest from the date of filing the claim petition till its
realisation, which would meet the ends of justice.
10. For the reasons recorded above, the following order is
passed.
10.1 The present appeal is partly allowed .
10.2 Insurance Company Ltd. is directed to deposit the
enhanced amount with interest as stated herein above within a
period of nine weeks from the date of receipt of this order.
10.3 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 claimants, by account payee
cheque / NEFT / RTGS, after proper verification and after
following due procedure. The Tribunal if required shall pass
fresh order for disbursement.
10.4 While making the payment, the Tribunal shall deduct
the courts fees, if not paid, in accordance with rules/law.
10.5 Record and proceedings be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SATISH
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