Gujarat High Court
Dana Mangal Paraghi vs Driver Of Tanker on 2 December, 2025
NEUTRAL CITATION
C/FA/3106/2014 JUDGMENT DATED: 02/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3106 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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DANA MANGAL PARAGHI
Versus
DRIVER OF TANKER & ORS.
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Appearance:
MR VISHAL C MEHTA, ADVOCATE FOR
MR MEHUL S SHAH(772) for the Appellant(s) No. 1
MR DIPAK PRAJAPATI, ADVOCATE FOR
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 02/12/2025
ORAL JUDGMENT
1. The captioned appeal is preferred against the impugned judgment and award dated 30.10.2013 passed by the learned Motor Accident Claimss Tribunal (Aux.), Kutch-Bhuj in M.A.C.P. No. 404 of 2003, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.6,04,000/-(Rupees Six Lakhs Four Thousand Only) along Page 1 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025 NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined with interest at the rate of 10% per annum, from the date of filing of the claim petition till realization, as compensation.
2. The succinct facts, which lead to the filing of the captioned appeal are summarized as under :-
i. The claimant was employed as a Cleaner on Truck bearing Registration No. GJ-12-T-8614 and was earning a monthly salary of Rs. 2,500/- along with a daily allowance of Rs. 50/-. On 18.05.2003, he had gone to unload lignite at Nirma Factory, Bhavnagar and while he was waiting outside the factory gate for his turn to unload, at about 02:00 a.m., the driver of a Tanker bearing Registration No. GJ-2-T-8378 came there in a rash and negligent manner, endangering human life. Due to excessive speed, the tanker's driver lost control over the steering and collided with the Truck bearing Registration No. GJ-12-T-8614. In the said accident, the tanker ran over the claimant's leg, causing severe injuries. He was immediately shifted to the hospital, where he underwent surgical treatment and his right leg had to be amputated.
ii. It is the case of the claimant-appellant before the learned Tribunal that at the time of the accident, he was aged about 22 years.
Page 2 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined iii. The notices/summons of the Claim Petition were duly served upon the opponents. The opponent no.2 filed Written-Statement vide Exh.15 thereby, denying all the averments made in the claim petition and prayed for dismissal of the claim petition while the opponent no.3-Insurance Company filed Written Statement vide Exh.33, thereby, denying the factum and injury sustained by the claimant/appellant herein and contended that the Insurance Company is not liable to pay any compensation and prayed for dismissal of the claim petition.
iv. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.36, for determination.
i. Whether the petitioner proves that he/she sustained injuries in a vehicular accident due to rash and/or negligent driving of the driver of the vehicle involved in the accident?
ii. Whether the petitioner is entitled to compensation? If yes, what amount and from whom?
Page 3 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined iii. What award?
v. In order to prove their claim, the Claimant -
appellant herein led oral as well as documentary evidence, which reads as under:-
Sr. Description of Documents Exhibit No. No. 1 Deposition of claimant 40 2 Deposition of of Dr.Suresh 46 Rudani 3 Disability Certificate of the 50 claimant 4 Insurance policy of the offending 51 vehicle 5 Copy of complaint 52 6 Panchnama of place of accident 53 7 Refer memo of the hospital 54 8 Discharge card 55 9 Medical Case papers of 56 V.S.Hospital 10. M.L.C. Certificate of 57 V.S.Hospital, Ahmedabad 11. Prescriptions of medicines 59 12. Cash memo of medical 60 expenses vi. The opponents had not led any evidence before the learned Tribunal in support of their defence.
vii. Having considered the oral as well as documentary evidence on record, and having considered the submissions of the learned Page 4 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025 NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined counsels for the parties, the learned Tribunal awarded a sum of Rs.6,04,000/-(Rupees Six Lakhs Four Thousand Only) along with interest at the rate of 10% per annum, from the date of filing of the claim petition till realization, as compensation.
viii. Being aggrieved and dissatisfied by the impugned judgment and award, the claimant - appellant preferred the present appeal on the ground of quantum.
3. Heard learned counsels for the parties.
4. Mr. Vishal Mehta, learned advocate for the claimant/appellant herein vehemently submitted that the learned Tribunal has considered the income of the claimant/appellant herein at Rs.2500/- per month. He further submitted that the certificate of income was produced on record, but the same was not considered. He further submitted that the learned Tribunal has considered the income of the claimant at lower-side. Therefore, the income of the claimant ought to have been considered at Rs.3000/- per month. He further submitted that though at the time of accident, the claimant/appellant herein was aged about 25 to 30 years, however, the learned Tribunal has added only 30% of the notional income to the monthly income of the claimant on account of future prospects in total disregard to the ratio Page 5 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025 NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined of the judgment of the Hon'ble Apex Court rendered in the case of Sarla Verma and others Versus Delhi Transport Corporation 2009 AIR (SC) 3104 & National Insurance Company Ltd. Vs. Pranay Sethi 2017 (16) SCC 680. He further submitted that as per the disability certificate, the appellant sustained the disability of 70% as his right leg was amputated above the knee. Therefore, the claimant - appellant herein has become totally disabled for doing the work of Loader. Therefore, the learned Tribunal could have considered 100% disablement. He further submitted that the learned Tribunal had awarded a meagre amount of Rs.1 lac under the head of pain, shock and suffering though the claimant has sustained the amputation on his right leg. Placing reliance upon the judgment of Mohd. Sabeer @ Shabir Hussain Vs. Regional Manager, U.P.State Road Transport Corporation reported in (2023) 20 SCC 774, he submitted that the learned Tribunal could have awarded a sum of Rs.2 lacs under the head of pain, shock and suffering. He further submitted that the learned Tribunal has awarded a megre amount of compensation of Rs.7000/- under the head of transportation charges and meagre amount of Rs.2900/- under the head of special diet. The same is required to be enhanced.
5. On the other hand, Mr.Dipak Prajapati, learned advocate appearing for the respondent no.3-Insurance Company vehemently submitted that the income was not proved on record. Therefore, the learned Tribunal has rightly considered the monthly income of the claimant/appellant at Rs.2500/- per Page 6 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025 NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined month. He further submitted that the learned Tribunal has awarded just compensation. He further submitted that there is no infirmity in the impugned judgment and award, and therefore, the present appeal deserves to be dismissed.
6. Having considered the submissions of the learned counsels for the parties and having gone through the record, it is to be noted that it is not in dispute that at the time of accident, the claimant was aged between 25 and 30 years. It is also not in dispute that in the accident, the claimant sustained the crush injury on his right leg and other bodily injuries and he was surgically operated for the same and resultantly, his right leg was amputated above the knee. The disability certificate was proved by the Doctor at Exh.50, whereby the Doctor certified that the claimant has sustained the permanent disability of 90% of body as a whole.
7. So far as the contention of learned advocate for the claimant/appellant that the learned Tribunal has determined the income of the claimant/appellant at lower-side is concerned, it is on record that though the claimant has pleaded the monthly income of Rs.2500/- per month and he was also getting Rs.50/- per day as a special allowance, but it has not been proved on record. In absence of proof of income, the learned Tribunal could have considered the minimum wages prevalent at the relevant point of time. At the relevant point of time, when the accident took place, the minimum wages for the unskilled workers was Rs.2200/-. Therefore, the learned Tribunal has rightly determined the income of the Page 7 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025 NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined claimant / appellant herein at Rs.2500/- per month, however, the learned Tribunal had added 30% of the income on account of the future prospects. It is on record that the claimant was aged about 25 to 30 years. Therefore, in view of the judgment rendered by the Hon'ble Apex Court in the case of Sarla Verma Vs.Delhi Transport Corporation & Anr. reported in (2009) 6 SCC 121, 40% of the monthly income ought to have added on account of the future prospects of the claimant/appellant, but the learned Tribunal had committed a grave illegality in adding only 30% of the monthly income on account of the future prospects of the claimant. Thus, adding 40% of the monthly notional income to the notional income, the monthly income would come to Rs.3500/- (Rs.2500/- + Rs.1000/- (40% of Rs.2500/-)). It is on record that the right leg of the claimant-appellant herein was amputated above the knee. The Doctor has certified that the claimant has sustained disability of 90% a body as a whole. Considering the occupation of the claimant, as he was loader of the goods. Therefore, after amputation of his right leg above the knee, he had become totally disable for doing the work of loader. Therefore, in my considered view, the functional disability of the claimant/appellant herein would be 100%. The learned Tribunal observed that at the time of accident, the age of the claimant was between 25 and 30 years. Therefore, applying the multiplier of 17, the future loss of income would come to Rs.7,14,000/- (Rs.3500 x 12 x 17). The learned Tribunal had awarded a sum of Rs.1 lac under the head of pain, shock and suffering. It is on record that the claimant/appellant herein remained bed ridden for a long period and he remained Page 8 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025 NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined hospitalized for a considerable period. Owing to the injury sustained in the accident, his right leg was amputated above the knee. Thus, considering the totality of the facts and circumstances of the case and having regard to the ratio of the judgment of Hon'ble Apex Court rendered in the case of Mohd. Sabeer @ Shabir Hussain (supra), a sum of Rs.2 lacs is awarded under the head of pain, shock and suffering.
8. So far as the medical expenses is concerned, the learned Tribunal has awarded the actual medical expenses, which were proved on record. Accordingly, no interference is required under this head. The learned Tribunal has awarded an actual loss of income for a period of six months. Thus, considering the income as Rs.2500/- per month, the actual loss of income would come to Rs.15000/- (Rs.2500 x 6). Therefore, no interference is required.
9. So far as transportation and hospitalization charges are concerned, the learned Tribunal has awarded a sum of Rs.7000/- under this head. Considering the nature of injuries sustained, period of hospitalization, in my considered opinion, the learned Tribunal has awarded a meagre amount of compensation. Thus, accordingly a sum of Rs.25,000/- is awarded under the head of transportation and hospitalization. The learned Tribunal has awarded a meagre amount of Rs.2900/- under the head of special diet. In my considered view, the said amount of compensation is at very lower side.
Page 9 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined Therefore, the same is required to be enhanced to Rs.10,000/-.
10. Thus, in view of the above discussion, the claimant/appellant shall be entitled for the following compensation under the following heads:-
Sr. No. Heads Amount Awarded in
rupees.
1 Future loss of income 7,14,000/-
2 Actual loss of income (+) 15,000/-
3 Medical expenses (+) 15,000/-
4 Pain, shock and sufferings (+) 2,00,000/-
5. Transportation charges (+) 25,000/-
7. Special diet (+) 10,000/-
Total Compensation (=) Rs. 9,79,000/-
Compensation awarded by
impugned Judgment and (-) Rs. 6,04,000/-
Award
Enhanced amount of (=) Rs. 3,75,000/-
compensation
11. Thus, in view of the above discussion, the
claimant/appellant shall be entitled for an additional
compensation of Rs.3,75,000/- (Rs.9,79,000/- - Rs.6,04,000/-). The learned Tribunal has awarded the interest at the rate of 10% per annum from the date of the claim petition till realization. Therefore, the claimant shall also be entitled for the same rate of interest on the additional amount of Page 10 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025 NEUTRAL CITATION C/FA/3106/2014 JUDGMENT DATED: 02/12/2025 undefined compensation from the date of filing of the claim petition till realization.
12. In view of the above discussion, the captioned appeal stands allowed partly and judgment and award is modified to that extent. The Insurance Company is directed to deposit the additional compensation amount along with interest, with the concerned learned Tribunal within a period of six weeks from today. Upon depositing the said amount of compensation, learned Tribunal shall disburse the entire awarded amount of compensation along with interest to the appellant after deducting the deficit of Court fee, if any and after due verification.
13. If any amount is lying deposited in the captioned appeal with the Registry of this court, be transmitted to the concerned learned Tribunal. Records & Proceedings, if any, be sent back to the concerned learned Tribunal. No order as to costs.
14. Pending application, if any stands disposed of.
(MOOL CHAND TYAGI, J) GIRISH Page 11 of 11 Uploaded by GIRISH K PARMAR(HC00954) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:10:40 IST 2025