JAGDISHBHAI BHANJIBHAI VAGHELA vs DRIVER OF THE JEEP NO.

C/FA/3533/2013 (GJHC240401292013) JUDGMENT DATED: 31/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3533 of 2013
FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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JAGDISHBHAI BHANJIBHAI VAGHELA
Versus
DRIVER OF THE JEEP NO. & ORS.
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Appearance:
MR MEHUL S SHAH(772) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 31/08/2026

JUDGMENT
1. The captioned appeal is filed against the impugned judgment and
award dated 28.09.2012 passed by the learned Motor Accident Claims
Tribunal (Auxiliary), Kachchh at Bhuj in MACP No.264/1997, whereby
the learned Tribunal had partly allowed the claim petition and awarded a
sum of Rs.2,70,500/- as a compensation along with interest at the rate
of 7.5% per annum from the date of filing of claim petition till its
realization.
2. The succinct facts leading to file the captioned appeal are that on
30.11.1996, at about 6:00 hours, the claimant-Jagdishbhai Bhanjibhai
Vaghela along with his relatives, was proceeding towards Mandavi
(Surat) from Bhabhar in a jeep bearing registration no.GJ-8-A-3823,
which was being driven by one-Mr. Habib Rahimbhai in a rash and
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C/FA/3533/2013 (GJHC240401292013) JUDGMENT DATED: 31/08/2026
negligent manner, at an excessive speed without observing the traffic
rules. When they reached at the place of accident, in the meantime, the
driver of the jeep, due to his excessive speed, lost the control over the
jeep and the said jeep went off the road and dashed with a tree. As a
result, the claimant sustained serious and multiple injuries, including
fracture injuries.
3. On being served, the respondent no.2/insurance company filed its
written statement at Exh.35, thereby denying all the averments made in
the claim petition and prayed for rejection of the claim petition.
4. Having considered the pleadings, evidence led by the respective
parties and the submissions canvassed by the respective parties, the
learned Tribunal had partly allowed the claim petition and awarded a
sum of Rs.2,70,500/- as a compensation along with interest at the rate
of 7.5% per annum from the date of filing of claim petition till its
realization.
5. Being aggrieved and dissatisfied with the impugned judgment and
award, the original claimant/appellant herein challenged the impugned
judgment and award on the ground of quantum.
6. Heard learned counsels for the parties.
7. Mr. Vishal C. Mehta, learned counsel appearing on behalf of Mr.
Mehul S. Shah, learned counsel for the original claimant/appellant
vehemently submitted that though at the time of accident, the
claimant/appellant was aged about 34 years; however, the learned
Tribunal has not considered the future prospects of the
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C/FA/3533/2013 (GJHC240401292013) JUDGMENT DATED: 31/08/2026
claimant/appellant. He submitted that 40% of the monthly income ought
to have been added on account of future prospects of the
claimant/appellant.
8. Learned counsel for the original claimant/appellant further
submitted that the learned Tribunal has assessed the functional
disability of the claimant/appellant at 24%, which is not under challenge.
He further submitted that the learned Tribunal has awarded meagre
amount of compensation under the heads of pain, shock and suffering,
actual loss of income and rich diet, attendant charges and
transportation. He submitted that owing to the injuries sustained in the
accident, the claimant/appellant underwent two surgical interventions
and remained hospitalized for a considerable period; however, the
learned Tribunal has awarded the meagre amount of compensation
under these heads, therefore, he prayed for enhancement of
compensation.
9. Per contra, Mr. Vibhuti Nanavati, learned counsel appearing on
behalf of respondent no.3/insurance company vehemently submitted
that there is no infirmity in the impugned judgment and award. He
further submitted that the learned Tribunal has rightly appreciated the
evidence available on record and awarded just compensation under all
the heads, therefore, the captioned appeal is liable to be dismissed.
10. Having considered the submissions of the learned counsels for
the parties and having gone through the record, it is to be noted that the
appellant/claimant has challenged the impugned judgment and award
on the ground of quantum.
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C/FA/3533/2013 (GJHC240401292013) JUDGMENT DATED: 31/08/2026
11. So far as the quantum is concerned, the learned Tribunal has
assessed the monthly income of the claimant/appellant at Rs.5,000/-
per month, which is not under challenge. It also emerges from the
record that the learned Tribunal has not considered the future prospects
of the claimant/appellant. It is not in dispute that at the time of accident,
the claimant/appellant was aged about 34 years, therefore, 40% of the
monthly income is added on account of future prospects of the
claimant/appellant in view of the ratio laid down by the Hon'ble Apex
Court in case of National Insurance Company Ltd. Vs. Pranay Sethi,
reported in 2017 (16) SCC 680 and Sidram Vs. The Divisional
Manager, United India Insurance Company Limited & Anr., reported
in 2022 INSC 1202. Thus, after adding 40% to the monthly income, it
would come to Rs.7,000/- i.e. (5,000+5,000X40%). The learned Tribunal
has assessed the functional disability of the claimant/appellant at 24%,
which is not under challenge. Thus, considering the functional disability
of 24% and applying the multiplier of 16 as per age of the
claimant/appellant, the future loss of income would come to
Rs.3,22,560/- i.e. (7,000X24%X12X16).
12. The learned Tribunal has awarded a sum of Rs.10,000/-under the
head of pain, shock and suffering and a sum of Rs.5,000/- under the
head of rich diet, attendant charges and transportation. It emerges from
the record that the claimant/appellant has sustained the fracture injures.
It also emerges from the record that the claimant/appellant has
underwent two surgical interventions and he remained hospitalized as
an indoor patient for a considerable period. Thus, considering the
nature of injuries sustained by the claimant/appellant and having regard
to the period of hospitalization as well as the period of treatment as an
outdoor patient, the compensation awarded under the head of pain,
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C/FA/3533/2013 (GJHC240401292013) JUDGMENT DATED: 31/08/2026
shock and suffering and rich diet, attendant charges and transportation
is required to enhanced. Hence accordingly, the compensation awarded
under the head of pain, shock and suffering is enhanced from
Rs.10,000/- to Rs.25,000/- and the compensation awarded under the
head of rich diet, attendant charges and transportation is enhanced
from Rs.5,000/- to Rs.20,000/-.
13. The learned Tribunal has awarded a sum of Rs.15,000/- under
the head of medical expenses. The compensation awarded under this
head requires no interference and accordingly, the same is maintained.
14. The learned Tribunal has awarded the actual loss of income for a
period of two months. Having regard to the nature of injuries sustained
by the claimant/appellant, the compensation for actual loss of income is
enhanced from two months to four months. Hence accordingly, the
claimant/appellant shall be entitled for a sum of Rs.20,000/- i.e.
(5,000X4) under the head of actual loss of income.
15. In view of the above discussion, the claimant/appellant shall be
entitled for the following amount of compensation under the following
heads:-
Sr. No. Particular Amount
1. Future loss of income 3,22,560/-
2. Actual loss of income 20,000/-
3. Medical expenses 15,000/-
4. Pain, shock and suffering 25,000/-
5. Rich diet, attendant charges and
transportation
20,000/-
Total 4,02,560/-
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C/FA/3533/2013 (GJHC240401292013) JUDGMENT DATED: 31/08/2026
16. The learned Tribunal has already awarded a sum of
Rs.2,70,500/- as a compensation, therefore, the original
claimant/appellant shall be entitled for additional compensation of
Rs.1,32,060/- i.e. (4,02,560-2,70,500). The learned Tribunal has
awarded the interest at the rate of 7.5% per annum, therefore, the
original claimant/appellant shall be entitled for the same rate of interest
on additional amount of compensation from the date of filing of claim
petition till its realization.
17. In view of the above discussion, the captioned appeal stands
allowed partly and the impugned judgment and award is to be modified
to the aforesaid extent. The respondent no.3/insurance company shall
deposit the additional amount of compensation along with interest within
a period of 6 weeks from the date of receipt of copy of this order.
18. Upon depositing of the said amount of compensation, the learned
Tribunal shall disburse the entire amount of compensation along with
interest to the original claimant/appellant herein after deducting deficit of
Court fee, if any, after due verification. The amount, if any, lying
deposited with the registry of this Court, the same shall be transmitted
to the learned Tribunal concerned. No order as to costs.
19. Record & Proceedings, if any, be sent back to the learned
Tribunal concerned.
(MOOL CHAND TYAGI, J)
HARSHIT
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