Gujarat High Court
Sureshbhai Maganbhai Prajapati vs Hasmukhbhai Punjabhai Chavda on 4 December, 2025
NEUTRAL CITATION
C/FA/1294/2014 JUDGMENT DATED: 04/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1294 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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SURESHBHAI MAGANBHAI PRAJAPATI
Versus
HASMUKHBHAI PUNJABHAI CHAVDA & ORS.
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Appearance:
MR SHUSHIL R SHUKLA(5603) for the Appellant(s) No. 1
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 04/12/2025
ORAL JUDGMENT
1. The captioned appeal is preferred against the impugned judgment and award dated 30.01.2014 passed by the learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No. 1672 of 2009, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.2,53,214/-(Rupees Two Lakh Fifty Three Thousand Two Hundred Fourteen Only) along with interest at the rate of 7.5% 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 :-
Page 1 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Dec 05 2025 Downloaded on : Wed Dec 10 21:56:23 IST 2025NEUTRAL CITATION C/FA/1294/2014 JUDGMENT DATED: 04/12/2025 undefined i. On 31.05.2009, at about 20:30 hours, near Mahi Canal, Matar, on the Tarapur-Kheda road, the claimant-appellant herein was going to Kheda from Khambhat by driving his Maruti Van bearing Registration No. GJ-15K-2257, in the meantime, opponent no.1, driving a Maruti Zen bearing Registration No. GJ-1-HF-1066 came from the wrong side at an excessive speed in a rash and negligent manner and collided with the claimant-appellant's Maruti Van. As a result of the said accident, the appellant sustained severe injuries including fractures on his person.
ii. It is the case of the claimant-appellant herein before the learned Tribunal that at the time of the accident, he was aged about 37 years and engaged in the business of bricks, earning approximately Rs. 5,000/- to Rs. 6,000/- per month. It was further pleaded that due to the injuries sustained in the accident, the claimant suffered disability in his right leg, as a result of which he is unable to perform hard work or routine activities and experiences severe pain while doing so.
iii. The notices/summons of the Claim Petition were duly served upon the opponents. The opponent no.3-Insurance Company filed Written Statement Page 2 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Dec 05 2025 Downloaded on : Wed Dec 10 21:56:23 IST 2025 NEUTRAL CITATION C/FA/1294/2014 JUDGMENT DATED: 04/12/2025 undefined vide Exh.56, thereby, denying the contents of claim petition in toto 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.25, for determination.
i. Whether the applicant proves that he sustained injuries due to the rash and negligent driving of driver of the offending vehicle, involved in the accident?
ii. Whether the claimant is entitled to any amount of compensation? If Yes, to what extent and from whom?
iii. What order and award?
v. Having considered the oral as well as documentary evidence on record, and having considered the submissions of the learned counsels for the parties, the learned Tribunal awarded a sum of Rs.2,53,214/-(Rupees Two Lakh Fifty Three Thousand Two Hundred Fourteen Only) along with interest at the rate of Page 3 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Dec 05 2025 Downloaded on : Wed Dec 10 21:56:23 IST 2025 NEUTRAL CITATION C/FA/1294/2014 JUDGMENT DATED: 04/12/2025 undefined 7.5% per annum, from the date of filing of the claim petition till realization, as compensation..
vi. 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. Shushil Shukla, learned advocate for the claimant/appellant herein vehemently submitted that at the time of accident, the claimant/appellant herein was aged about 39 years and he was doing the business of preparing the bricks, and thereby, earning Rs.5000/- to Rs.6000/-, but the same income could not be proved on record. Therefore, the learned Tribunal has considered the income of the claimant as Rs.2500/- per month. He further submitted that in absence of proof of income, the learned Tribunal ought to have considered the minimum wages for the skilled worker prevalent at the time of accident. However, the learned Tribunal has assessed the income at very lower-side. He further submitted that there is no dispute about the age and disability of the claimant and at the time of accident, the claimant was aged about 39 years, however, the learned Tribunal has not considered the future prospects of the claimant/appellant herein. He further submitted that the learned Tribunal has awarded a meagre amount of Page 4 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Dec 05 2025 Downloaded on : Wed Dec 10 21:56:23 IST 2025 NEUTRAL CITATION C/FA/1294/2014 JUDGMENT DATED: 04/12/2025 undefined compensation under the head of pain, shock and suffering, special diet, attendant and transportation charges and actual loss of income. He further submitted that the claimant is entitled for just compensation. He, therefore, prayed for modification of the impugned judgment and award.
5. On the other hand, Mr.Dakshesh Mehta, learned advocate appearing for the respondent no.3-Insurance Company vehemently 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 there is no dispute about the occupation, age and disability of the claimant. It is not in dispute that the clamant/appellant herein was engaged in the work of preparing the bricks at the time of accident. Though it has been pleaded in the claim petition that at the time of accident, the claimant/appellant herein was earning Rs.5000/- to Rs.6000/- per month by doing the work of preparing the bricks, however, the said income was not proved on record by leading documentary evidence, therefore, the learned Tribunal assessed the income of the claimant at Rs.2000/-.
7. In absence of proof of income, the learned Tribunal could have considered the minimum wages for the skilled worker prevalent at the time of accident. The accident occurred on 31.05.2009. At the relevant point of time, the Page 5 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Dec 05 2025 Downloaded on : Wed Dec 10 21:56:23 IST 2025 NEUTRAL CITATION C/FA/1294/2014 JUDGMENT DATED: 04/12/2025 undefined minimum wages for a skilled worker as notified by the State Government was Rs.3860/-. Therefore, the learned Tribunal could have considered the minimum wages for determining the future loss of income. Thus, considering the minimum wages for the skilled worker, the monthly notional income of the claimant/appellant is re-assessed at Rs.3860/-. It is not in dispute that at the time of accident, the claimant/appellant herein was aged about 39 years. Therefore, as per the ratio 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, 40% is to be added to the monthly notional income of the claimant/appellant on account of future prospects. Thus, after adding 40% of the monthly notional income to the monthly income of the claimant, the monthly income for calculating future loss of income would come to Rs.5404/- (Rs.3860/- + Rs.1544/- (40% of Rs.3860/-)). The learned Tribunal has considered the functional disability at 33% body as a whole. The said disability is not in dispute. Therefore, applying the multiplier of '15' as per the age of the claimant/appellant herein, the claimant/appellant herein shall be entitled for the sum of Rs.3,20,940/- (Rs.5404/- x 33% x 12 x15) as a loss of future income.
8. The learned Tribunal has awarded a sum of Rs.10,000/- under the head of pain, shock and suffering. It is on record that the claimant-appellant herein has suffered the permanent partial physical impairment at 38% body as a whole, which Page 6 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Dec 05 2025 Downloaded on : Wed Dec 10 21:56:23 IST 2025 NEUTRAL CITATION C/FA/1294/2014 JUDGMENT DATED: 04/12/2025 undefined was considered by the learned Tribunal at 33% body as a whole. The claimant/appellant herein remained hospitalized for a period of 12 days, and thereafter, he remained under treatment as a outdoor patient. Thus, considering the nature of injury sustained and having regard to the period of hospitalization and treatment, it would be just and proper, if the compensation awarded by the learned Tribunal under the head of pain,shock and suffering is enhanced from Rs.10,000/- to Rs.15,000/-. Accordingly, the compensation awarded under this head is enhanced to Rs.15,000/-.
9. The learned Tribunal has awarded a meagre amount of Rs.5000/- under the head of special diet, attendant charges and transportation. Considering the nature of injury sustained and having regard to the period of treatment, it would be just and proper, if the compensation awarded under this head is enhanced from Rs.5000/- to Rs.10,000/- and accordingly, the compensation is enhanced to Rs.10,000/- under this head. The learned Tribunal has awarded a sum of Rs.5850/- as an actual loss of income for the period of two months. Now, the monthly income of the claimant/appellant herein has been reassessed, therefore, the claimant/appellant herein shall be entitled for the actual loss of income i.e. Rs.7720/- (Rs.3860/- x 2).
10. The learned Tribunal has awarded a sum of Rs.83,864/- under the head of medical expenses on the basis of the bills proved by the claimant/appellant at Exhs.36, 38, 42 to 52. The learned Tribunal awarded the medical expenses on the basis of the bills proved on record. Thus, no interference is required Page 7 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Dec 05 2025 Downloaded on : Wed Dec 10 21:56:23 IST 2025 NEUTRAL CITATION C/FA/1294/2014 JUDGMENT DATED: 04/12/2025 undefined in the compensation awarded by the learned Tribunal under this head.
11. 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 3,20,940/-
2 Pain, shock and sufferings (+) 15,000/-
3 Special diet, attendance (+) 10,000/-
charges and
transportation
4 Medical expenses (+) 83,864/-
5. Actual loss of income (+) 7720/-
Total Compensation (=) Rs. 4,37,524/-
Compensation awarded by
impugned Judgment and (-) Rs. 2,53,214/-
Award
Enhanced amount of (=) Rs. 1,84,310/-
compensation
12. Thus, in view of the above discussion, the
claimant/appellant shall be entitled for an additional
compensation of Rs.1,84,310/- (Rs.4,37,524/- - Rs.2,53,214/-). The learned Tribunal has awarded the interest at the rate of 7.5% 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 compensation from the date of filing of the claim petition till Page 8 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Dec 05 2025 Downloaded on : Wed Dec 10 21:56:23 IST 2025 NEUTRAL CITATION C/FA/1294/2014 JUDGMENT DATED: 04/12/2025 undefined realization.
13. 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.
14. 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.
15. Pending application, if any stands disposed of.
(MOOL CHAND TYAGI, J) GIRISH Page 9 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Dec 05 2025 Downloaded on : Wed Dec 10 21:56:23 IST 2025