Gujarat High CourtCivil LawCivil Procedure and Evidence

Gujarat HC Raises Compensation To Rs 14.22 Lakh For Parents Of 5-Month-Old Killed In Crash, Using Skilled-Worker Minimum Wage

JEMALBHAI BHURABHAI BARIYAv.BUDH RAM DUNGRA RAM

Gujarat HC Raises Compensation To Rs 14.22 Lakh For Parents Of 5-Month-Old Killed In Crash, Using Skilled-Worker Minimum Wage. JEMALBHAI BHURABHAI BARIYA vs BUDH RAM DUNGRA RAM. Gujarat High Court. LawLens
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In brief

The question

1. Whether the Tribunal erred in assessing the deceased child’s income at Rs. 30,000 per annum instead of applying the relevant minimum wage

The court held

The appeal was partly allowed, and the Tribunal’s award was modified.

It also directed

The Court directed the respondents to deposit an additional Rs. 9,22,372, with interest as awarded by the Tribunal, within four weeks; the remaining award was left undisturbed

The judgment contains an apparent arithmetic inconsistency: its stated recalculated heads total Rs. 14,27,372 (Rs. 12,94,272 + Rs. 1,33,100), which would produce an enhancement of Rs. 9,27,372 over the original Rs. 5,00,000 award; however, the judgment’s table and operative direction state total compensation of Rs. 14,22,372 and an additional amount of Rs. 9,22,372

01Facts

The appellants, parents of a five-month-old child who died in a road accident on 20 March 2019, sought compensation under Section 166 of the Motor Vehicles Act, 1988.

pp. 1–3

The Motor Accident Claims Tribunal awarded Rs. 5,00,000, assessing the child’s annual income at Rs. 30,000.

pp. 1–3

The parents appealed under Section 173, contending that income should be assessed by reference to minimum wages and that future prospects should be added

pp. 1–3

02Issues

i.1. Whether the Tribunal erred in assessing the deceased child’s income at Rs. 30,000 per annum instead of applying the relevant minimum wage

pp. 3–5, 7

ii.2. Whether the compensation should be enhanced by adding future prospects and reassessing the applicable heads of compensation

pp. 3–5, 8–10

03Law Applied

Sections 166 and 173 of the Motor Vehicles Act, 1988 provide, respectively, for a claim for compensation and an appeal against a Tribunal’s award.

pp. 4–5

Relying on Kajal v. Jagdish Chand (2020) 4 SCC 413, Baby Sakshi Greola v. Manzoor Ahmed Simon 2024 SCC OnLine SC 3692, and Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari 2025 INSC 1070, the Court stated that, in a child’s injury or death claim, income should be assessed on the basis of the minimum wages payable to a skilled worker in the State at the relevant time

pp. 4–5

It relied on Sarla Verma (Smt.) v. Delhi Transport Corporation (2009) 6 SCC 121 and National Insurance Co. Ltd. v. Pranay Sethi 2017 ACJ 2700 for future prospects, multiplier and conventional heads.

p. 5

It also relied on Nagappa v. Gurudayal Singh (2003) 2 SCC 274 for the principle that a court may award compensation exceeding the amount claimed where the evidence justifies it

pp. 7–8

Provisions in the judgment · 2 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173Section 166

04Reasoning

The Court held that, because the accident occurred in 2019, the child’s monthly income should be assessed at Rs. 8,560, the applicable minimum wage for a skilled worker.

pp. 5–6

It added 40% for future prospects, applied a multiplier of 18 and deducted 50% for personal and living expenses, calculating loss of dependency at Rs. 12,94,272

pp. 5–6

It reassessed the conventional heads at Rs. 1,33,100, comprising loss of estate, funeral expenses and loss of consortium, and noted that the Tribunal had already awarded Rs. 50,000 under the conventional heads.

p. 6

The Court also invoked Nagappa to address compensation exceeding the original claim

pp. 7–8

05Holding

The appeal was partly allowed, and the Tribunal’s award was modified.

pp. 7–8

The Court directed the respondents to deposit an additional Rs. 9,22,372, with interest as awarded by the Tribunal, within four weeks; the remaining award was left undisturbed

pp. 7–8

The judgment contains an apparent arithmetic inconsistency: its stated recalculated heads total Rs. 14,27,372 (Rs. 12,94,272 + Rs. 1,33,100), which would produce an enhancement of Rs. 9,27,372 over the original Rs. 5,00,000 award; however, the judgment’s table and operative direction state total compensation of Rs. 14,22,372 and an additional amount of Rs. 9,22,372

pp. 6–8
Gujarat High Court

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JEMALBHAI BHURABHAI BARIYAvsBUDH RAM DUNGRA RAM

Gujarat High Court · October 26, 2026

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