Gujarat HC Raises Compensation By Rs 1.3 Lakh For Bahurupi Whose Leg Was Amputated In Crash

On 29 July 2004, the appellant was travelling with goods in a loading tempo when it collided with an auto-rickshaw near Vrundavan Hotel on the Kheda–Dholka road.

He sustained serious injuries, including injuries that resulted in amputation of his leg. Medical evidence recorded 60% permanent disability of the body as a whole; the Tribunal assessed his functional disability at 30% and awarded Rs. 1,84,900 with interest at 9% per annum from the date of deposit.

The claimant appealed, seeking enhanced compensation.

Whether the Tribunal’s assessment of income and award for future loss of earnings required revision, including an award for future prospects.

Whether the claimant, who was a passenger and did not contribute to the accident, could recover compensation jointly and severally from the parties responsible for the composite negligence.

The Court relied on V. Pathmavathi v. Bharthi Axa General Insurance Co. Ltd., reported in AIR 2026 SC 840, in considering future prospects when calculating loss of future income.

It also relied on Manomati Chouhan v. Oriental Insurance Co. Ltd., reported in 2026 ACJ 742, for the principle that, in a case of composite negligence, a claimant who did not contribute to the accident may recover compensation from the liable parties jointly and severally.

The judgment identifies no statutory provision as the basis for its decision.

The Court accepted the Tribunal’s assessment of 30% functional disability, notwithstanding the medical evidence of 60% whole-body disability, because the claimant’s work as a Bahurupi required use of his right leg and its impairment reduced his earning capacity.

It nevertheless found that the Tribunal had not used an appropriate income figure or awarded compensation for future prospects. Recalculating future loss using monthly income of Rs. 2,300, future prospects of Rs. 920, 30% disability, and multiplier 17, the Court assessed that head at Rs. 1,97,064; it also increased compensation for pain, shock and suffering and actual loss of income.

Because the claimant was a passenger and had not contributed to the accident, the Court applied the composite-negligence principle to hold the opponents jointly and severally liable.

The Court enhanced the award by Rs. 1,30,064, bringing total compensation to Rs. 3,14,964, with interest at 9% per annum from the date of filing the claim petition until realization.

The insurance companies were directed to deposit the enhanced amount in equal shares within eight weeks, while the claimant remained entitled to recover it from all respondents jointly and severally; an insurer that paid more than its share could recover the excess from the other opponent(s).

The remaining directions of the Tribunal were maintained.