Gujarat High Court
Dimpalben Nemabhai Rathod vs Rajaji Vaghaji Rabari on 11 November, 2025
NEUTRAL CITATION
C/FA/2583/2023 ORDER DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2583 of 2023
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DIMPALBEN NEMABHAI RATHOD
Versus
RAJAJI VAGHAJI RABARI & ORS.
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Appearance:
MR RAXIT J DHOLAKIA(3709) for the Appellant(s) No. 1
MR KRUNAL R SAKSENA(5915) for the Defendant(s) No. 1
RULE NOT RECD BACK for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 4
RULE UNSERVED for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/11/2025
ORAL ORDER
1) Feeling aggrieved by and dissatisfied with the judgment and award dated 25.11.2021 passed by learned Motor Accident Claims Tribunal (Aux), Deodar, Dist. Banaskantha, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.1324 of 2015, the appellant - original claimant preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).
2) Heard Mr. Raxit J. Dholakia, learned Advocate for the appellant -
original Claimant, Mr. Krunal Saksena, learned Advocate for respondent No.1 and Ms. Kirti S. Pathak, learned counsel for respondent No.4. Perused the original record and proceedings.
3) It is the case of the appellant that on 18.06.2019, when she was travelling in a Jeep from Deesa to Dhanera and the said jeep was being driven by its driver at a modest speed and at that time, one truck came from opposite side being driven by its driver in a rash and Page 1 of 3 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:11:05 IST 2025 NEUTRAL CITATION C/FA/2583/2023 ORDER DATED: 11/11/2025 undefined negligent manner and dashed with the jeep in which minor applicant was travelling and as a result, the applicant got serious injuries and injuries on other parts of the body and therefore, the claim petition was filed to get compensation of Rs.2,00,000/- from the opponents towards injuries sustained by her. After appreciating the evidence produced on record, the learned Tribunal allowed the claim petition and directed to recover compensation of Rs.2,03,500/- with interest @ 8 % p.a.
4) The appeal is filed on limited ground that the learned Tribunal has committed error by allowing total compensation of Rs.2,03,500/- under all combined head as lump-sum compensation as injured was minor and he suffered 31% disability body as a whole. Therefore, the learned Tribunal ought to have passed the award for compensation of Rs.4,00,000/- in light of the case of Master Mallikarjun vs. Divisional Manager, The National Ins. Co. Ltd., reported in (2014) 14 SCC 396.
5) It is undisputed fact that the factum of incident and disability remained unchallenged and the limited challenge is given in the present appeal is that though minor has sustained 31% disability a lump-sum amount towards all heads is given Rs.2,03,500/- which is required to be awarded Rs.3,00,000/- as the Hon'ble Apex Court in Master Mallikarjun (supra) in para 12 held which reads as under:
"Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Rs.1 lakh, unless there are exceptional circumstances to take different Page 2 of 3 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:11:05 IST 2025 NEUTRAL CITATION C/FA/2583/2023 ORDER DATED: 11/11/2025 undefined yardstick."
6) Herein the disability is more than 10% and for the permanent disability upto 10% which is required to be awarded Rs.1 lakh as body as whole if the disability is above 10% upto 30%, then Rs.3 lakhs is required to be awarded. In view of above without discussing further about the merits and factum of accident as limited challenge is given in the present appeal, the awarded compensation of Rs.02,03,500/- is enhanced to Rs.3,00,000/-. The appellant is entitled to receive additional amount of Rs.96,500/- with proportionate costs and interest as awarded by the learned Tribunal.
7) Hence, present appeal is allowed. The judgment and award dated 25.11.2021 passed by learned Motor Accident Claims Tribunal (Aux), Deodar, Dist. Banaskantha in MACP No.1324/2015, stands modified to the aforesaid extent. Rest of the judgment and award remains unaltered. It is provided that respondent No.4 - Insurance Company shall deposit said additional amount of Rs.96,500/- 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 proceedings be remitted back to the concerned Tribunal forthwith.
8) The learned Tribunal is directed to recover or deduct the deficit court fees on enhanced amount and thereafter disburse the amount accordingly. Award to be drawn accordingly.
(HASMUKH D. SUTHAR,J) SUCHIT Page 3 of 3 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:11:05 IST 2025