Gujarat High Court
Rathod Pabubhai Alias Babubhai ... vs Maknojiya Ibrahimbhai ... on 24 November, 2025
NEUTRAL CITATION
C/FA/4293/2022 JUDGMENT DATED: 24/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4293 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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RATHOD PABUBHAI ALIAS BABUBHAI LUMBABHAI ADIVASI & ORS.
Versus
MAKNOJIYA IBRAHIMBHAI VALIMAHAMMADBHAI & ANR.
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Appearance:
RAJAT R GADHVI(9438) for the Appellant(s) No. 1,10,11,2,3,4,5,6,7,8,9
MR.KRUTIK A PARIKH(7268) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 24/11/2025
ORAL JUDGMENT
1) Feeling aggrieved and dissatisfied with the judgment and award dated 18.09.2021 passed by learned Motor Accident Claims Tribunal (Auxi.), Palanpur, Banaskantha District (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.91 of 2018, 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. R. R. Gadhvi, learned Advocate for the appellants -
original Claimants and Mr. K. A. Parikh, learned Advocate for respondent - Insurance Company. Perused the original record and proceedings.
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NEUTRAL CITATION C/FA/4293/2022 JUDGMENT DATED: 24/11/2025 undefined
3) It is the case of the appellants that on 05.04.2018, deceased Bhojabhai @ Fojabhai @ Babubhai Rathod (who shall hereinafter be referred to as "deceased") was driving his motorcycle on correct side of the road and at moderate speed and at that relevant time from the opposite direction one Tractor coming at excessive speed dashed with the motorcycle of the deceased resultantly leading the occurrence of the accident. The deceased sustained serious injuries and later he succumbed to his injuries. 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 not considered minimum wages of prevalent time and also not considered consortium to each appellants due to which loss is suffered by the appellants.
5) As challenge is given only qua income and consortium hence the appeal is required to be decided in narrow compass. As per the law laid down by the Hon'ble Supreme Court in the case of Govind Yadav Vs. National Insurance Co. Ltd., reported in 2012(1) TAC 1 (SC), that if no proof of income is produced on the record then Tribunal has to consider prevalent minimum wages in absence of ample evidence of monthly income of the deceased. In the present case the accident occurred on 05.04.2018 and during that time the deceased was doing agriculture work and masonry work and as per the Government approved minimum wages the rate was Rs.7,900/-, whereas, the Tribunal has assessed the income of the deceased as Rs.6,000/- per month which is required to be enhanced and hence, the income of the deceased is reassessed as Page 2 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Nov 24 2025 Downloaded on : Tue Nov 25 22:20:28 IST 2025 NEUTRAL CITATION C/FA/4293/2022 JUDGMENT DATED: 24/11/2025 undefined Rs.7,900/- per month. Further, the learned Tribunal has considered future prospective income as 25% and as the deceased was 40 years old and having 11 dependents 1/5 deduction as personal expenditure and living of the deceased and multiplier of 15 were considered by the learned Tribunal as per the judgment of the Apex Court in the case of Sarla Verma (Smt) & Ors. Vs. Delhi Transport Corporation & Anr. [2009 (6) SCC 121] which are just and proper.
6) Therefore, calculating the income of the deceased as Rs.7,900/-
and future prospect of 25% = Rs.1,975/- which comes to to Rs.9,875/- and 1/5 amount is required to be deducted as personal expenditure and living of the deceased which comes to Rs.1,975/- and the net amount comes to Rs.7,900/-. In view of above the amount under the head of loss of future dependency income is required to be reassessed as Rs.7,900/- x 12 x 15 = Rs.14,22,000/-. Therefore, the appellants are entitled to get additional amount of Rs.3,42,000/- under the head of future loss of dependency income.
7) Further, the learned Tribunal by relying on the judgment of Pranay Sethi (supra) has awarded total Rs.70,000/- under the three conventional heads, however, this Court is of the view that amount is required to be reassessed as Rs.18,150/- towards loss of estate, Rs.18,150/- towards funeral expenses. Therefore, the appellants - original claimants are entitled for additional amount of Rs.6,300/- (i.e. Rs.18,150/- - Rs.15,000/- = Rs.3,150/- towards loss of estate and Rs.18,150/- - Rs.15,000/- = Rs.3,150/- towards funeral expenses).
8) Further, in view of ratio laid down by the Hon'ble Supreme Court in Page 3 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Nov 24 2025 Downloaded on : Tue Nov 25 22:20:28 IST 2025 NEUTRAL CITATION C/FA/4293/2022 JUDGMENT DATED: 24/11/2025 undefined the case of Magma General Insurance Co. Ltd., Vs. Nanu Ram, reported in (2018) 18 SCC 130 and Janabai Wd/o Dinkarrao Ghorpade & Ors., Vs M/s ICICI Lambord Insurance Company Ltd., reported in 2022 LiveLaw (SC) 666, the learned Tribunal has committed error in awarding only Rs.40,000/- towards loss of consortium, however, in view of above judgments the appellants - original claimants being legal heirs of the deceased they are entitled for Rs.48,400/- each towards the head of loss of consortium. Therefore, the amount towards loss of consortium is reassessed as Rs.5,32,400/- (i.e. Rs.48,400/- X 11). Therefore, the appellants are entitled for additional amount of Rs.4,92,400/- under the head of loss of consortium.
9) As discussed above, the appellants - original claimants are entitled to get compensation computed as under:
Heads Awarded by Reassessed by this Court Tribunal Loss of future Rs.10,80,000/- Rs.14,22,000/- dependency income including additional amount of Rs.3,42,000/-
Loss of estate Rs.15,000/- Rs.18,150/-
including additional
amount of Rs.3,150/-
Funeral expenses Rs.15,000/- Rs.18,150/-
including additional
amount of Rs.3,150/-
Loss of consortium Rs.40,000/- Rs.5,32,400/-
including additional
amount of Rs.4,92,400/-
(Rs.48,400/- X 11)
Total compensation Rs.11,50,000/- Rs.19,90,700/-
including total additional
amount of Rs.8,40,700/-
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NEUTRAL CITATION
C/FA/4293/2022 JUDGMENT DATED: 24/11/2025
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10) In view of above, as the Tribunal has awarded total compensation
of Rs.11,50,000/- (due to arithmetical mistake the Tribunal has mentioned Rs.11,20,000/-), however, as discussed above the appellants are entitled to get additional amount of Rs.8,40,700/- (Rs.19,90,700/- - Rs.11,50,000/-) with proportionate costs and interest as awarded by the learned Tribunal.
11) Hence, present appeal is allowed. The judgment and award dated 18.09.2021 passed by learned Motor Accident Claims Tribunal (Aux.), Palanpur, Banaskantha District, in MAC Petition No.91 of 2018 stands modified to the aforesaid extent. Rest of the judgment and award remains unaltered. The respondent no.2 - Insurance Company shall deposit the said additional amount of Rs.8,40,700/- 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.
12) The learned Tribunal is directed to recover or deduct the deficit court fees on enhanced amount and thereafter disburse the amount accordingly.
13) Award to be drawn accordingly.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
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