Gujarat High Court
Ramankumar Ramswarup Chaudhari vs Ismail Abdulla Gajan on 5 December, 2025
NEUTRAL CITATION
C/FA/1364/2019 JUDGMENT DATED: 05/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1364 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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RAMANKUMAR RAMSWARUP CHAUDHARI
Versus
ISMAIL ABDULLA GAJAN & ORS.
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Appearance:
MR KIRTIDEV R DAVE(3267) 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 MOOL CHAND TYAGI
Date : 05/12/2025
ORAL JUDGMENT
1. The captioned appeal is filed against the impugned judgment and award dated 24.08.2018 passed by the Motor Accident Claims Tribunal (Aux), Bhuj-Kachchh in Motor Accident Claim Petition No.696 of 2006, whereby the learned Tribunal had awarded a sum of Rs.1,17,800/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.
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2. The succinct facts leading to file the captioned appeal is that on 17.01.2006 at about 18:30 hours, the claimant/appellant was coming from Mothada to Kothara village by riding his motorcycle bearing registration No.HR-08-A-7010, when he reached at the place of accident, in the meantime the respondent No.1 came from the wrong side by driving the truck bearing registration No.GJ-12-U-5054 in a rash and negligent manner thereby caused the accident. In the said accident, the claimant/appellant sustained grievous injuries and he became permanently disabled. Therefore, he filed claim petition for seeking the compensation of Rs.11,00,000/- from the respondents.
3. On being served with the notices of the claim petition, the respondent No.2 chosen not to appear, however, the respondent No.1 and 3 appeared through their respective learned advocates and respondent No.3- Insurance Company filed the written statement at Exh-43, thereby denying the involvement of vehicle in accident, factum of age, injury and income of the claimant/appellant and prayed for dismissal of the claim petition.
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4. Having considered the pleadings of the parties, the learned Tribunal had framed the following issues at Exh-24:-
"1. Whether the applicant proves that the accident has occurred owing to the rash and negligent driving of the vehicle involved in the accident as pleaded in the claim petition and the claimant sustained the injuries?
2. Whether the applicant proves that he is entitled to get the compensation from the respondents? If yes, from whom?
3. What award?"
5. In order to prove his claim, the claimant/appellant led the following oral as well as documentary evidence:-
Sr Particulars Exhibit
No.
1. Affidavit in examination-in-chief 39 and cross-examination 2. True copy of FIR 44
3. True copy of panchnama of place of 45 accident 4. True Copy of charge-sheet 46 5. X-ray plat 47 6. Original bill of operation 48 7. Prescription of medicine 49 8. Medical bills 50 9. Copy of driving license of claimant 51
10. True copy of sale deed 52 & 53 11. Disability certificate 55 Page 3 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Dec 10 2025 Downloaded on : Sat Dec 20 00:52:06 IST 2025 NEUTRAL CITATION C/FA/1364/2019 JUDGMENT DATED: 05/12/2025 undefined
6. Having considered the evidence on record, the learned Tribunal awarded a sum of Rs.1,17,800/- as a compensation along with the interest at the rate of 9% from the date of filing of the claim petition till realization.
7. Being aggrieved and dissatisfied with the awarded amount, the appellant/claimant has preferred the captioned appeal for enhancement of compensation.
8. Heard learned advocates for the parties.
9. Learned advocate Ms. Shweta Parmar appearing on behalf of the learned advocate Mr. Kirtidev R. Dave for the appellant, vehemently submitted that at the time of accident, the claimant/appellant was gainfully engaged in agricultural work and thereby earning a sum of Rs.1,00,000/- per annum, however, the learned Tribunal has determined the income of the claimant/appellant at Rs.3,000/- per month. She further submitted that the learned Tribunal has considered the income of the claimant/appellant at very lower side. She further submitted that the learned Tribunal has awarded a meager amount under the head of future loss of income, pain, shock and Page 4 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Dec 10 2025 Downloaded on : Sat Dec 20 00:52:06 IST 2025 NEUTRAL CITATION C/FA/1364/2019 JUDGMENT DATED: 05/12/2025 undefined suffering, special diet, attendant charges and transportation. Therefore, the impugned judgment and award is modified to that extent.
10. On the other hand, Mr. Gadhia, learned advocate appearing on behalf of the Insurance Company, vehemently submitted that there is no infirmity in the impugned judgment and award, therefore, the present appeal deserves to be rejected.
11. Having considered the submissions of the learned advocates for the parties and having gone through the record, it is the case of the appellant before the learned Tribunal that at the time of accident he was gainfully engaged in the agricultural work and thereby earning a sum of Rs.1,00,000/- from the agricultural work. It is also on record that the income was not proved on record, therefore, the learned Tribunal has considered the notional income of the claimant as Rs.3,000/- per month. In absence of proof of income, the learned Tribunal could have considered the minimum wages at the relevant point of time. The accident occurred on 17.01.2006. At the relevant point of time minimum wages for the skilled worker was Rs.2,400/-. Therefore, in my considered view the learned Tribunal has not Page 5 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Dec 10 2025 Downloaded on : Sat Dec 20 00:52:06 IST 2025 NEUTRAL CITATION C/FA/1364/2019 JUDGMENT DATED: 05/12/2025 undefined committed any error in considering the income of the claimant/appellant as Rs.3,000/- per month. However, it is on record that the claimant was aged about 38 years at the time of accident, but the learned Tribunal has not added 40% of the notional income on account of future prospects. Therefore, adding 40% to the monthly notional income of the claimant/appellant, the monthly income for calculating the future loss of income, it would come to Rs.4,200/- (3000 + 40% x 3,000). It is on record that with the consent of the parties, the learned Tribunal has assessed the disability at 12% body as a whole and the said disability would not in dispute. Therefore, considering the functional disability at 12% and applying the multiplier of 15 as per the age of the claimant/appellant the future loss of income would come to Rs.90,720/- (4200 x 12% x 12 x 15). Therefore, the appellant/claimant shall be entitled to get a compensation of Rs.90,720/- under the head of future loss of income. The learned Tribunal has awarded a sum of Rs.32,000/- on account of medical expenses on the basis of the actual bill produced by the claimant, therefore, no interference is required under this head. It is on record that the claimant has sustained the injuries of fracture and he remained under treatment for a considerable period, however, the learned Page 6 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Dec 10 2025 Downloaded on : Sat Dec 20 00:52:06 IST 2025 NEUTRAL CITATION C/FA/1364/2019 JUDGMENT DATED: 05/12/2025 undefined Tribunal has awarded a sum of Rs.10,000/- towards pain, shock and suffering. The said amount of compensation in my considered view is at a very lower side and therefore, the same is to be enhanced from Rs.10,000/- to Rs.15,000/- and accordingly a sum of Rs.15,000/- is awarded under the head of pain, shock and suffering. The learned Tribunal has awarded a sum of Rs.5,000/- under the head of special diet, attendant charges and transportation. Considering the nature of injuries, period of hospitalization and the disability sustained by the claimant/appellant it would be just if the compensation awarded under this head is enhanced from Rs.5,000/- to Rs.10,000/-. Accordingly, a sum of Rs.10,000/- is awarded under the head of special diet, attendant charges and transportation. The learned Tribunal has awarded actual loss of income for a period of two months. Considering the monthly income of Rs.3,000/-, this Court is determined the notional monthly income of the appellant/claimant at Rs.3,000/-. Therefore, no interference is required under this head.
12. Thus, in view of the above discussions, the claimant shall be entitled for the following compensation under the following heads:-
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NEUTRAL CITATION C/FA/1364/2019 JUDGMENT DATED: 05/12/2025 undefined Particulars Amount (Rs.) Future Loss of Income 90,720/-
Medical expenses 32,000/-
Transportation, Special Diet and Attendant 10,000/-
Charges
Actual loss of income 6,000/-
Pain, Shock and Suffering 15,000/-
Total 1,53,720/-
Less: compensation already awarded 1,17,800/-
Enhancement 35,920/-
13. The learned Tribunal has already awarded a sum of Rs.1,17,800/-. Therefore, the appellant shall be entitled for the additional compensation of Rs.35,920/- i. e. (Rs.1,53,720/- -
(less) Rs.1,17,800/-). Learned Tribunal has awarded the interest at the rate of 9% from the date of filing of the claim petition till realization, therefore, the appellant shall also be entitled for the interest at the rate of 9% on the additional amount of compensation from the date of filing of the claim petition till realization.
14. The respondent No.3- Insurance Company shall deposit the additional amount of compensation along with the interest within a period of 6 weeks from today.
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15. In view of the above discussions, the captioned appeal stands partly allowed.
16. Upon depositing of the said amount, the learned Tribunal shall disburse the amount to the original claimants, after deducting the deficit court fees, if any, and after due verification.
17. Amount, if any, lying deposited with the Registry of this Court, the same be transmitted to the concerned learned Tribunal forthwith.
18. R & P, if any, be sent back to the concerned learned Tribunal forthwith. No order as to costs.
(MOOL CHAND TYAGI, J) CDP Page 9 of 9 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Dec 10 2025 Downloaded on : Sat Dec 20 00:52:06 IST 2025