Gujarat High Court
Kaiyumkhan Ahmedkhan Pathan vs Ranjit Rananji Thakor on 20 November, 2025
NEUTRAL CITATION
C/FA/2847/2014 JUDGMENT DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2847 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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KAIYUMKHAN AHMEDKHAN PATHAN & ANR.
Versus
RANJIT RANANJI THAKOR & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 20/11/2025
ORAL JUDGMENT
1. The captioned appeal has been preferred against the impugned judgment and award dated 10.05.2013 passed by the learned 5th Additional District Judge, Motor Accident Claims Tribunal (Aux-5), Ahmedabad (Rural), Mirzapur in M.A.C.P. No. 1543 of 2008, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.2,67,000/- (Rupees Two Lakhs Sixty Seven Thousand Only) along with interest at the rate of 7.5% per annum, from the Page 1 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:19 IST 2025 NEUTRAL CITATION C/FA/2847/2014 JUDGMENT DATED: 20/11/2025 undefined 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. On 16.01.2008, at about 3:00 p.m., the deceased-Asmabanu along with her sister, Rubiyabanju alighted from a rickshaw and proceeded to cross the road near the Nehru Foundation on S.G. Highway. At that time, opponent No.1, driving Truck bearing Registration No. GJ-18-U-7194, came from the Thaltej side at a high speed and in a rash and negligent manner, without blowing the horn. Although the deceased and her sister had almost completed crossing the road, the opponent dashed the truck with the deceased, causing a serious accident. As a result, Asmabanu sustained grievous injuries and subsequently succumbed to those injuries.
ii. It is the case of the claimants that at the time of the accident, the deceased-Asmabanu was aged about 21 years and was earning Rs.3000/- from imparting tuition and doing other Gruh Udhyog activities.Page 2 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:19 IST 2025
NEUTRAL CITATION C/FA/2847/2014 JUDGMENT DATED: 20/11/2025 undefined iii. It is also the case of claimants that the deceased was educated up to Graduation in Arts and doing LL.B. iv. Based on the said averments, the appellants, being the parents of the deceased, preferred claim Petition before the learned Tribunal, claiming compensation to the tune of Rs.5,00,000/-.
v. The notices/summons of the Claim Petition were duly served upon the opponents, however, opponent no. 1 has not appeared though duly served. The opponent no.2 has filed his reply vide Exh.15 and denied all the allegations in toto.
vi. The respondent no.3 - Insurance Company filed Exh.19 - Written Statement, thereby, denying all the averments made in the claim petition and prayed for dismissal of the claim petition.
vii. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.21, for determination.
i. Whether the applicant proves that the deceased died as a result of rash and/or Page 3 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:19 IST 2025 NEUTRAL CITATION C/FA/2847/2014 JUDGMENT DATED: 20/11/2025 undefined negligent driving of the drivers of the vehicle involved in the accident?
ii. Whether the petitioners are entitled to get compensation claimed by them or any part thereof from the opponent or any of them.
iii. What order?
viii. Having considered the oral as well as documentary evidences on record, and having considered the submissions of the learned counsels for the parties, the learned Tribunal awarded a sum of Rs.2,67,000/- along with interest at the rate of 7.5% per annum as compensation, on account of the death of the claimants' daughter.
ix. Being aggrieved and dissatisfied by the impugned judgment and award, the appellants, being the parents of the deceased, preferred the present appeal for enhancement of the awarded amount.
3. Heard learned counsels for the parties.
4. Mr. Hiren M. Modi, learned counsel for the appellants/original claimants submitted that at the time of Page 4 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:19 IST 2025 NEUTRAL CITATION C/FA/2847/2014 JUDGMENT DATED: 20/11/2025 undefined accident, the deceased was aged about 21 years, however, the learned Tribunal has not considered the future prospective income of the deceased. He further submitted that the learned Tribunal has committed an error in determining the notional income of the deceased as Rs.3,000/- per month, which is required to be enhanced by 40% on account of future prospective of the deceased in accordance with the ratio of the judgment rendered by the Hon'ble Apex Court 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 it is not in dispute that at the time of accident, the deceased was aged about 21 years, however, the learned Tribunal has applied multiplier of 14 in place of 18 in total disregard to the ratio of the judgment rendered by the Hon'ble Apex Court in the case of Sarla Verma (Supra) & Pranay Sethi (Supra). Therefore, the compensation awarded under the head of loss of dependency is required to be enhanced. He further submitted that the learned Tribunal has awarded a meger amount of Rs.10,000/- as a compensation under the head of loss of estate and a meger amount of Rs.5000/- under the head of Funeral Expenses. He further submitted that the learned Tribunal has not awarded any amount of compensation under the head of loss of consortium. He further submitted that a sum of Rs.96,800/- is required to be awarded under the head of loss of consortium in view of ratio of judgment rendered by the Hon'ble Apex Court in the case of Pranay Sethi (supra) and Magma General Insurance Page 5 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:19 IST 2025 NEUTRAL CITATION C/FA/2847/2014 JUDGMENT DATED: 20/11/2025 undefined Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130. He further submitted that the impugned judgment and award is required to be modified to that extent.
5. On the other hand, Mr.Palak Thakkar, 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 regard to the facts and circumstances of the present case, it is not in dispute that at the time of accident, the deceased was aged about 21 years and the learned Tribunal has considered the income of the deceased as Rs.3000/- per month. During the course of arguments, the income has not been challenged. Thus, considering the notional monthly income of the deceased as Rs.3000/-, the said monthly income is further to be enhanced by 40% in view of the judgment rendered by the Hon'ble Apex Court in the case of Sarla Verma (supra) & Pranay Sethi (supra). Therefore, the notional monthly income after adding 40% to the notional monthly income of Rs.3000/-, the income would come to Rs.4200/- (Rs.3000/- + Rs.1200/- (40% of Rs.3000/-))
7. It is not in dispute that at the time of accident, the deceased was Bachelor. Therefore, 50% of the notional Page 6 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:19 IST 2025 NEUTRAL CITATION C/FA/2847/2014 JUDGMENT DATED: 20/11/2025 undefined monthly income is required to be deducted on account of personal expenses of the deceased. Therefore, the monthly income for the purpose of calculating the loss of dependency would come to Rs.2,100/- (Rs.4200/- - Rs.2100/- ( ½ of Rs.4200/-. The learned Tribunal has applied the multiplier of 14, though the deceased was aged about 21 years. Therefore, the learned Tribunal has committed gross illegality in considering the multiplier of 14 instead of 18. Accordingly, after applying the multiplier of 18, the loss of dependency would come to Rs. 4, 53, 600/- (Rs.2100 x12x18).
8. The learned Tribunal has awarded a sum of Rs.10,000/- under the head of loss of estate, the same is required to be enhanced to Rs.18,150/- in accordance to the ratio of judgment rendered by the Hon'ble Apex Court in the case of Pranay Sethi (supra) and Magma General Insurance Company Limited (supra). The learned Tribunal has also awarded a sum of Rs.5000/- under the head of funeral expenses and the same is also required to be enhanced to Rs.18,150/-. It is on record that the deceased was left behind by her parents, but the learned Tribunal had not awarded any compensation under the head of loss of consortium. In view of the judgment rendered by the Hon'ble Apex Court in the case of Pranay Sethi (supra) and Magma General Insurance Company Limited (supra), both the appellants are entitled for compensation under the head of loss of consortium. Therefore, a sum of Rs.96,800/- is awarded under the head of loss of consortium.
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9. In view of the above discussions, the appellants herein shall be entitled for the following compensation:-
Sr. No. Head Amount in rupees
1 Loss of dependency 4,53,600/-
(Rs.2100 X 12 X 18)
2 Loss of consortium (for both (+) 96,800/-
parents)
3 Loss of estate (+) 18,150/-
4 Funeral expenses. (+) 18,150/-
5 Total Compensation 5,86,700/-
10. The learned Tribunal, vide its impugned judgment and award, has awarded a sum of Rs.2,67,000/- (Rupees Two Lakhs Sixty Seven Thousand Only) along with interest at the rate of 7.5% per annum from the date of filing of claim petition till its realization, as compensation. Therefore, in view of the above discussions, the appellants herein shall be entitled for an additional compensation to the tune of Rs.3,19,700/- (Rs.5,86,700/- - Rs.2,67,000/-). The learned Tribunal has awarded interest at the rate of 7.5% per annum from the date of filing of claim petition till realization, therefore, the appellants shall be entitled for the same rate of interest per annum on the additional amount of compensation from the date of filing the claim petition till realization.
11. In view of the above discussions, the impugned judgment and award stands modified to the aforesaid extent and accordingly, the captioned appeal stands allowed partly.
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12. The respondent no.3 - Insurance Company shall deposit the enhanced amount of compensation along with interest within a period of six weeks from today. Upon depositing the said amount, appellants herein shall be at liberty to withdraw the entire awarded amount (after adjusting court fee) with interest, after due verification
13. Any amount of compensation, or any statutory amount, lying deposited with the Registry of this Court shall be transmitted to the learned Tribunal concerned, in accordance with the applicable Rules. Records & Proceedings, if any be sent to the learned Tribunal concerned. No order as to costs.
14. It is made clear that in case if any of the appellants has expired during the pendency of the appeal, his/her share of compensation shall be disbursed by the learned Tribunal to the legal representative/s.
15. Pending application, if any, stands disposed of, accordingly.
(MOOL CHAND TYAGI, J) GIRISH Page 9 of 9 Uploaded by GIRISH K PARMAR(HC00954) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:19 IST 2025