KIRANSINH JAVANSINH THAKOR vs YOGESHKUMAR DAHYABHAI PATEL
- Court
- Gujarat High Court
C/FA/2446/2020 JUDGMENT DATED: 03/11/2026
(GJHC240540582020)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2446 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE L. S. PIRZADA
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Approved for Reporting Yes No
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KIRANSINH JAVANSINH THAKOR
Versus
YOGESHKUMAR DAHYABHAI PATEL & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MR KV GADHIA(319) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 03/11/2026
ORAL JUDGMENT
1. The present First Appeal under Section 173 of the
Motor Vehicles Act, 1988, is preferred by the appellant-
original claimant, being aggrieved and dissatisfied with
the judgment and award dated 08.11.2019 passed by the
Motor Accident Claims Tribunal (Aux.), Anand, in MACP
No. 24 of 2014.
2. Since the factual aspects of the road accident
involving the vehicle and the liability of the owner as well
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as the insurer are not disputed by the insurance company,
and considering that the facts have already been detailed
in the record, I have avoided burdening this judgment
with unnecessary narration, as there is no purpose in
reiterating the same.
3. Heard learned advocate Mr.Nishit A. Bhalodi for the
appellant-original claimant. He submitted that the
present appeal has been preferred on the ground that the
compensation awarded by the learned Tribunal is on the
lower side and that the learned Tribunal has not
considered various aspects, including future prospects
and the minimum wages applicable to the claimant. It
was further submitted that the present claimant was a
pillion rider on motorcycle bearing registration No. GJ-24-
D-4483, which was being driven by deceased Kanuji
Nenaji Thakor. In M.A.C.P. No.24 of 2014, preferred by
the legal representatives and heirs of deceased Kanuji
Nenaji Thakor, 15% negligence was attributed to the
deceased driver of the motorcycle. However, the learned
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Tribunal has also deducted 15% of the compensation
awarded to the present claimant. It was submitted that
such deduction is not permissible, as the claimant was a
pillion rider and was not driving the motorcycle.
Therefore, insofar as the present claimant is concerned, it
is a case of composite negligence. Considering that the
present case pertains to injuries sustained by the
claimant, the appeal is required to be allowed.
4. Per contra, learned advocate Mr. K. V. Gadhia for
respondent No. 3-insurance company submitted that the
impugned judgment and award passed by the learned
Tribunal is just and proper. The learned Tribunal has
rightly considered the income of the claimant, the nature
of the injuries, the dependency and future prospects of
income, and has rightly awarded compensation under the
relevant heads. It was, therefore, submitted that the
present appeal is devoid of merit.
5. It is required to be considered that the Motor
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Vehicles Act, 1988, is a beneficial piece of legislation, and
the concept of just compensation is integral and central
to the Act. Compensation is required to be awarded on
the principles of fairness and reasonableness to persons
injured in road accidents or to the legal representatives
of deceased persons.
6. I have considered the submissions made by the
learned advocates for the parties. In the present case, the
learned Tribunal has assessed the income of the claimant
at Rs.4,000/- per month. As submitted by learned
advocate for the appellant, the same is on the lower side.
However, as the accident took place in the year 2011, the
minimum wage prevailing at the relevant time was
Rs.5,750/- per month, which is considered by this Court
as the income of the claimant. An addition of 40%
towards future prospects is required to be made, as per
the judgment of the Hon’ble Apex Court in National
Insurance Company Limited v. Pranay Sethi , reported
in (2017) 16 SCC 680 , which brings the monthly income
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to Rs.8,050/-. Considering the disability assessed at 36%
and the multiplier of 18 adopted by the learned Tribunal,
the future loss of income is recalculated accordingly. The
amount of Rs.50,000/- awarded by the learned Tribunal
towards pain, shock and suffering (P.S.S.) is required to
be enhanced to Rs.75,000/-. The medical expenses have
already been awarded by the learned Tribunal. The actual
loss of income for six months is required to be
recalculated on the basis of minimum wages, which
comes to Rs.34,500/- (Rs.5,750/- x 6). The remaining
amounts awarded under the other heads are maintained.
Further, considering the fact that the present claimant
was a pillion rider on motorcycle bearing registration No.
GJ-24-D-4483, which was being driven by deceased Kanuji
Nenaji Thakor, the learned Tribunal has attributed 15%
negligence to the deceased driver of the motorcycle.
However, insofar as the present claimant is concerned, he
was merely a pillion rider and was not driving any
vehicle. Therefore, the case of the present claimant is one
of composite negligence. Hence, the amount deducted by
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the learned Tribunal towards 15% negligence of the
driver of the vehicle is required to be set aside.
7. Therefore, the total compensation payable to the
claimants is calculated as under:
Heads of
Awarded by the
Reassessed by this
Compensation
Tribunal
Court
Future Loss of
Rs.3,11,040/- Rs. 6,25,968/-
Income
Pain, Shock and
Rs.50,000/- Rs. 75,000/-
Suffering
Medical Expenses Rs.3,76,010/- Rs. 3,76,010/-
Actual Loss of
Rs.24,000/- Rs. 34,500/-
Income (6 months)
(Rs.5,750/-x6)
Special Diet and
Rs.20,000/- Rs. 20,000/-
Attendant Charges
Total
Rs.7,81,050/- Rs. 11,31,478/-
Compensation
Less: 15% towards
Rs.1,17,157.5 Nil
contributory
negligence
Net Compensation Rs.6,63,892.50 Rs.11,31,478/-
Less: Compensation
- Rs.6,63,892/-
already awarded by
the learned Tribunal
Enhanced
- Rs.4,67,586/-
Compensation
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8. Therefore, I hold that the claimant is entitled to
enhanced compensation of Rs.4,67,586/- with interest at
the rate of 9% per annum from the date of filing of the
claim petition till realization.
9. For the reasons recorded above, the following order
is passed:
a. The present appeal is partly allowed.
b. The insurance company is directed to deposit the
enhanced amount of Rs.4,67,586/- along with interest at
the rate of 9% per annum from the date of filing of the
claim petition till realization, within a period of six weeks
from the date of receipt of this order. The remaining
directions issued by the learned Tribunal shall remain
unchanged.
c. The learned Tribunal shall disburse the entire
awarded amount, including the amount lying in fixed
deposits and/or with the Tribunal, together with accrued
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interest, if any, to the claimant by account-payee cheque
or through NEFT/RTGS, after proper verification and
following the prescribed procedure.
d. While making the payment, the learned Tribunal
shall deduct the court fees, if any, remaining unpaid in
accordance with the applicable rules.
e. The record and proceedings shall be sent back to the
concerned Tribunal forthwith, and the award shall be
drawn accordingly.
(L. S. PIRZADA, J)
STANCY GOMES
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