SARLABEN NARSHI PATEL vs NURUDIN HATIMBHAI VORA

C/FA/1125/2013 JUDGMENT DATED: 12/10/2026
(GJHC240391522013)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1125 of 2013
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SARLABEN NARSHI PATEL & ORS.
Versus
NURUDIN HATIMBHAI VORA & ORS.
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Appearance:
MR MEHUL S SHAH(772) for the Appellant(s) No. 1,2,3,4
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2,4.1
UNSERVED EXPIRED (R) for the Defendant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA

Date : 12/10/2026

JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
(1) An occident occurred on 27.11.1985 between a motorcycle
and a car is not in dispute. The rider of the motorcycle,
Narshibhai Patel, aged about 27 years, died in the accident. It
is not in dispute that the car was insured and, therefore, the
insurer was liable to satisfy the award of compensation.
(2) The mother of the deceased initially filed the claim
petition. However, during the pendency of the petition, she
passed away. As a consequence, the wife and children of the
deceased were brought on record as a legal representative.
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C/FA/1125/2013 JUDGMENT DATED: 12/10/2026
(GJHC240391522013)
(3) The Tribunal, after taking into consideration the evidence
on record, has ultimately come to the conclusion that the
driver of the car was negligent and that the accident had
occurred solely due to his negligence.
(4) The Tribunal thereafter found that the deceased was
employed in Oman, and that his passbook indicated that he was
remitting a sum of Rs. 32,000/- per annum to his family. The
Tribunal enhanced the said amount to Rs. 41,600/- per annum and,
on that basis, awarded the following amounts:
Particulars Amount (in Rs.)
Loss of Dependency Rs. 7,07,200/-
Loss of Consortium Rs. 15,000/-
Loss of Estate Rs.15,000/-
Funeral Expenses Rs.4,800/-
Total Compensation Rs.7,42,000/-
(5) The claimants have, therefore, preferred the present
appeal, contending that the compensation awarded by the
Tribunal is inadequate.
(6) As far as the income is concerned, the Tribunal assessed
the annual income at Rs. 41,000/-. The Tribunal has not
accepted the claimants’ assertion that he was earning Rs.
11,000/- per month in Oman, but it has given a finding that he
was sending a sum of Rs. 32,000/- every year to his family. If
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C/FA/1125/2013 JUDGMENT DATED: 12/10/2026
(GJHC240391522013)
the deceased was sending Rs. 32,000/- per annum to his
family in Gujarat, it is obvious that he would also be spending
a like sum on himself, and therefore, it would be appropriate
to treat his income as Rs. 64,000/- per annum.
(7) As the deceased was aged about 27 years, future
prospects of 40% are to be added according to judgment
rendered in National Insurance Company Ltd Vs. Pranay
Sethi, reported in AIR 2017 SC 5157 , and a multiplier of
17 is to be applied. Out of the said income, 1/4th would have
to be deducted towards his personal expenses, and therefore,
the claimants will be entitled to the following sum as loss of
future income of Rs.11,42,400/-.
(8) In accordance with the judgment of Pranay Sethi (supra)
read with the dictum of Apex Court in Reena Vs. Managing
Director, Karnataka State Road Transport Corporation,
reported at 2026 (0) AIJEL-SC 77486. In addition, the
claimant being the widow and children, each of them would
be entitled to Loss of Consortium of Rs.2,08000/- (Rs. 52,000/-
x 4). Further, the claimants would be entitled to sum of Rs.
19,500/- each towards Loss of Estate and Funeral expenses.
(9) In all, the claimants , in substitution of the award of the
Tribunal, will be entitled to the following sums:-
Particulars Amount (in Rs.)
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C/FA/1125/2013 JUDGMENT DATED: 12/10/2026
(GJHC240391522013)
Loss of Future Income
Rs. 11,42,400/-
Loss of Consortium Rs. 2,08,000/-
Loss of Estate Rs. 19,500/-
Funeral Expenses Rs. 19,500/-
Total Rs.13,89,400/-
Amount awarded by
Rs.7,42,000/-
Tribunal
Enhanced Amount Rs.6,47,400/-
(10) The appeal is hereby PARTLY ALLOWED. The claimants are
entitled to an additional sum of Rs. 6,47,400/- 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 Insurance Company within a period of TEN WEEKS from the
date of the receipt of copy of this order.
(11) The enhanced amount which shall be deposited pursuant to this
order shall be disbursed to the claimants upon proper verification by
NEFT/RTGS.
(12) R&P if called for, be sent back to the concerned Court forthwith.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
RIYA
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