Gujarat High Court
Jakab Osman Vagher vs Musa Mamad Vagher on 11 November, 2025
NEUTRAL CITATION
C/FA/4061/2023 JUDGMENT DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4061 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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JAKAB OSMAN VAGHER & ANR.
Versus
MUSA MAMAD VAGHER & ORS.
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Appearance:
MR.MINHAJ M SHAIKH(6847) for the Appellant(s) No. 1,2
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2,4
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/11/2025
ORAL JUDGMENT
1) Feeling aggrieved and dissatisfied with the judgments and award dated 31.03.2022 passed by learned Motor Accident Claims Tribunal (Aux), Bhuj-Kachchh (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.199 of 2014, the appellants - original claimants preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).
2) Heard Mr. M. M. Shaikh, learned Advocate for the appellants -
original Claimants and Mr. H. G. Mazmudar, learned Advocate Page 1 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:11:11 IST 2025 NEUTRAL CITATION C/FA/4061/2023 JUDGMENT DATED: 11/11/2025 undefined for respondent - Insurance Company. Perused the original record and proceedings.
3) It is the case of the appellants that on 04.01.2014, minor son of the appellants namely Irfan Jakab Vagher and relatives were proceeding on Scooty bearing Reg. No.GJ-12-BK-5521 which was driven by Salemamad Jakab Vagher i.e. son of the appellants at moderate speed and victim was pillion rider. When they reached near the place of accident at that time respondent no.1 herein came on his motorcycle bearing Reg. No. GJ-12-CC- 6173 at full speed in negligent manner due to which his motorcycle collided with the Scooty and accident took place. In the said accident minor son Irfan Vagher sustained serious injuries and he died during his treatment oon 08.01.2014. One complaint being I-C.R. No.1 of 2014 was registered with Jakhau Police Station against the respondent no.1. Therefore, the appellants had filed MAC Petition seeking compensation. After appreciating the evidence produced on record the learned Tribunal was pleased to partly allowed the claim petition.
4) The appeal is filed on limited ground that the learned Tribunal has committed error by awarding Rs.20,000/- under the head of pain and suffering instead of Rs.1,50,000/- and also committed error by considering notional income of the deceased minor son of the appellants as Rs.36,000/- and also committed error by awarding Rs.57,128/- under the head of medical expenses instead of Rs.1,00,000/-.
5) Perusing the record it appears that the deceased was minor aged 7 years and non earning person. To determine the compensation the learned Tribunal has considered the notional income of Page 2 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:11:11 IST 2025 NEUTRAL CITATION C/FA/4061/2023 JUDGMENT DATED: 11/11/2025 undefined minor as Rs.36,000/-. So far dependency part is concerned the Tribunal has considered ½ deduction as per judgment of the Hon'ble Supreme Court in case of Sarla Verma Vs. Delhi Transport Corporation, reported in 2009 ACJ 1298, which is just, legal and proper. The deceased was minor is not in dispute and considering the evidence produced on record the Tribunal has awarded compensation as under:
Rs.3,24,000/- Towards Loss of Dependency Rs.15,000/- Towards Loss of Estate Rs.20,000/- Towards Pain and Suffering Rs.80,000/- Towards Filial Consortium Rs.15,000/- Towards funeral expenses Rs.57,128/- Towards Medical Expenses Rs.5,11,129/- Total Compensation.
6) Perusing the judgment and reasons assigned by the learned Tribunal it appears that the Tribunal has considered just and proper notional income of the deceased, loss of dependency, loss of estate, pain and suffering, funeral expenses. So far medical expenses are concerned the appellants have not produced any evidence which shows that Rs.1 lakh was incurred for medical treatment of the deceased. However, this Court is of the considered view that as the deceased remained alive for 4 days after the accident and during that time his parents might have in great shock and mental agony, therefore, under the head of pain, shock and suffering Rs.30,000/- is required to be awarded. Hence, the appellants are entitled to get Rs.30,000/-
additional amount under the head of pain, shock and suffering.
7) So far filial consortium is concerned the Tribunal has awarded Rs.80,000/-, however, the appellants being parents of the Page 3 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:11:11 IST 2025 NEUTRAL CITATION C/FA/4061/2023 JUDGMENT DATED: 11/11/2025 undefined deceased are entitled to get Rs.8,400/- each as additional amount under the head of filial amount. Hence, the appellants are entitled to get Rs.16,800/- additional amount under the head of filial consortium.
8) As discussed above, the appellants are entitled to get compensation computed as under:
Rs.3,24,000/- Towards Loss of Dependency Rs.15,000/- Towards Loss of Estate Rs.50,000/- Towards Pain and Suffering i.e. additional amount of Rs.30,000/-
Rs.96,800/- Towards Filial Consortium (Rs.48,400/- each) i.e. additional amount of Rs.16,800/-
Rs.15,000/- Towards funeral expenses
Rs.57,128/- Towards Medical Expenses
Rs.5,57,928/- Total compensation after
enhancement.
9) Hence, as discussed above the appellants are entitled to get
additional amount of Rs.46,800/- (i.e. Rs.16,800 under the head of filial consortium plus Rs.30,000/- under the head of pain, shock and suffering) with proportionate costs and interest as awarded by the learned Tribunal.
10) Hence, present appeal is partly allowed. The judgment and award dated 31.03.2022 passed by learned Motor Accident Claims Tribunal (Aux), Bhuj-Kachchh, in MAC Petition No.199 of 2014 stands modified to the aforesaid extent. Rest of the judgment and award remains unaltered. It is provided that respondent No.3 - Insurance Company shall deposit said additional amount of Rs.46,800 along with interest as awarded by the Tribunal, before the Tribunal within a period of four weeks from the date of receipt of this order. Record and Page 4 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:11:11 IST 2025 NEUTRAL CITATION C/FA/4061/2023 JUDGMENT DATED: 11/11/2025 undefined proceedings be remitted back to the concerned Tribunal forthwith.
11) The learned Tribunal is directed to recover or deduct the deficit court fees on enhanced amount and thereafter disburse the amount accordingly.
12) Award to be drawn accordingly.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
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