Gujarat High Court
Nital Pravinchandra Shah vs Vipul Kanubhai Shah on 25 November, 2025
NEUTRAL CITATION
C/FA/955/2016 JUDGMENT DATED: 25/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 955 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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NITAL PRAVINCHANDRA SHAH
Versus
VIPUL KANUBHAI SHAH & ANR.
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Appearance:
MR MTM HAKIM(1190) for the Appellant(s) No. 1
MR YOGI K GADHIA(5913) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 25/11/2025
ORAL JUDGMENT
1. The captioned appeal has been preferred against the impugned judgment and award dated 23.09.2014 passed by the learned Motor Accident Claims Tribunal (Aux.), Vadodara, in M.A.C.P. No. 2455 of 1999, whereby the learned Tribunal partly allowed the claim petition and awarded a sum of Rs.2,40,000/- (Rupees Two Lakh Forty Thousand Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.
2. The facts of the case and negligence are not in dispute, therefore, the same are not being repeated herein for the sake of brevity and to avoid repetition.
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3. Being aggrieved and dissatisfied with the impugned judgment and award, the original Claimant/appellant herein has preferred the present appeal on the point of quantum.
4. Heard learned counsels for the parties.
5. Mr. Hakim, learned counsel for the original claimant/appellant vehemently submitted that the learned Tribunal has determined the income of the claimant/appellant herein at very lower side. He further submitted that the learned Tribunal has considered the functional disability of the appellant at 25% though it is on record that the claimant/ appellant herein has sustained disability of 40% over her face and 25% on her right leg. He further submitted that the learned Tribunal has awarded meagre amount of compensation under the heads of Pain Shock & Suffering, Actual Loss of Income and Food Attendants & Transportation. He further contended that the though the claimant/appellant herein sustained disfigurement to her face, the learned Tribunal has not awarded any compensation under the head of Facial Disfigurement. He further submitted that the claimant/ appellant herein was a young unmarried girl aged about 20 years at the time of the accident and she had sustained injuries causing disfigurement to her face as a result of the accident, therefore, the prospect of marriage has become bleak, but the learned Tribunal has not awarded any compensation under the head of loss of marriage prospects.
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6. On the other hand, Mr. Yogi K. Gadhia, learned counsel appearing for the respondent No.2 - Insurance Company vehemently submitted that there is no infirmity in the impugned judgment and award, therefore, contended that the instant appeal deserves to be dismissed.
7. Having considered the submissions of the learned counsels for the parties and having perused the material available on record, it is on record that at the time of accident, the claimant/appellant herein was working as a manager in Trupti Restaurant. The learned Tribunal had considered the income of the claimant/appellant as Rs.2,000/- per month. The learned Tribunal has failed to appreciate the qualification and occupation of the claimant/appellant herein at the time of the accident, and considered the income of the appellant at a lower side. Therefore, in my considered view, it would be just and appropriate if the income of the claimant/appellant at the time of the accident is determined as Rs.3,000/- per month.
8. It is not in dispute that at the time of accident, the claimant/appellant herein was a young girl aged about 20 years and she had sustained facial disfigurement of 40% and disability to the extent of 25% to her right leg. However, the learned Tribunal considered the functional disability of the Page 3 of 8 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Fri Nov 28 23:48:55 IST 2025 NEUTRAL CITATION C/FA/955/2016 JUDGMENT DATED: 25/11/2025 undefined claimant/appellant at 25% body as a whole. Therefore, considering the evidences on record and having regard to the nature of the disability sustained by the appellant, the functional disability of the claimant/appellant herein is ascertained at 35% body as a whole. Therefore, considering the multiplier of "18" in accordance with the ratio of judgment rendered by the Hon'ble Apex Court in the case of Sarla Verma and Ors. Vs. Delhi Transport Corporation reported in 2009 AIR (SC) 3104, the future economic loss of the claimant/appellant would come to Rs.2,26,800/- (i.e., Rs.3,000/- X 35% X 12 X multiplier of "18"). The learned Tribunal vide its impugned judgment and award has determined the Future Loss of Income at Rs.1,08,000/-. The same is now enhanced to Rs.2,26,800/-.
9. It is proved on record that the claimant/appellant herein had sustained facial disfigurement and also fracture in her right leg. However, the learned Tribunal has awarded only a meagre amount of compensation of Rs.35,000/- under the head of Pain Shock & Sufferings. Therefore, considering the nature of injuries sustained, the period of medical treatment and permanent disability sustained by the Claimant/appellant herein, the compensation awarded under the head of Pain Shock & Sufferings is required to be enhanced. Accordingly, a compensation of Rs.50,000/- is awarded under the head of Pain Shock & Sufferings.
10. The learned Tribunal has awarded a sum of Rs.8,000/- for the actual loss of income for a period of four months. Now Page 4 of 8 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Fri Nov 28 23:48:55 IST 2025 NEUTRAL CITATION C/FA/955/2016 JUDGMENT DATED: 25/11/2025 undefined the monthly income of the appellant is considered at Rs.3,000/- per month, so after considering the income as Rs.3,000/- per month, the compensation awarded under the head of Actual Loss of Income is enhanced from Rs.8,000 to Rs.12,000/- (i.e., Rs.3,000 X 4 months).
11. The learned Tribunal has awarded a sum of Rs.84,000/- under the head of Medical Expenses. The same was awarded by the learned Tribunal after considering the medical bills produced on record, therefore, no interference is required under this head. Accordingly, the compensation awarded by the learned Tribunal under the head of Medical Expenses is maintained.
12. The learned Tribunal has awarded a meagre amount of Rs.5,000/- under the head of Food, Attendants & Transportation. Therefore, considering the nature of injuries sustained and period of medical treatment undergone by the appellant, I am of the considered view that the compensation awarded by the learned Tribunal is required to be enhanced. Accordingly, the compensation under the head of Food, Attendants & Transportation is enhanced from Rs.5,000/- to Rs.15,000/-.
13. Further, it is on record that the claimant/appellant herein was a young girl aged about 20 years at the time of accident and she sustained permanent disability of disfigurement to her face. Therefore, a sum of Rs.50,000/- is awarded for facial disfigurement.
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14. It is on record that at the time of the accident, the claimant/appellant herein was an unmarried young girl aged about 20 years and she had sustained facial disfigurement, as such, her chance of being married has become bleak. However, the learned Tribunal has not awarded any amount of compensation under the head of Loss of Marriage Prospects. Therefore, a sum of Rs.1,00,000/- is awarded under the head of Loss of Marriage Prospects.
15. Therefore, in view of the above discussions, the original claimant/appellant herein shall be entitled for the following amount of compensation:-
Sr. No. Head Amount in rupees
1 Future Loss of Income 2,26,800/-
2 Pain Shock & Sufferings. (+) 50,000/-
3 Actual Loss of Income. (+) 12,000/-
(for 4 months)
4 Food Attendants & (+) 15,000/-
Transportation.
5 Loss of Marriage Prospects. (+) 1,00,000/-
6 Loss due to Facial (+) 50,000/-
Disfigurement.
7 Medical Expenses. (+) 84,000/-
8 Total Compensation 5,37,800/-
Compensation awarded by
9 the learned Tribunal vide the (-) 2,40,000/-
impugned judgment and
award dated 23.09.2014.
10 Enhanced amount of Rs.2,97,800/-
Compensation
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NEUTRAL CITATION
C/FA/955/2016 JUDGMENT DATED: 25/11/2025
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16. Therefore, in view of the above discussions, the original claimant/appellant herein shall be entitled for an additional compensation to the tune of Rs.2,97,800/- (Rupees Two Lakh Ninety Seven Thousand Eight Hundred Only). The learned Tribunal has awarded interest at the rate of 9% per annum from the date of filing of the Claim Petition till realization. The said rate of interest is maintained; accordingly, the original claimant/appellant herein shall be entitled to 9% of interest per annum on the additional amount of compensation from the date of filing of the Claim Petition till its realization.
17. In view of the above discussions, the impugned judgment and award stands modified to the aforesaid extent and accordingly, the captioned appeal stands partly allowed.
18. The respondent No.2 - 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, the learned Tribunal shall disburse the entire awarded amount to the original claimant/appellant herein (deducting deficit court fee, if any), after due verification.
19. Amount, if any, lying deposited with the Registry of this Court shall be transmitted to the learned Tribunal concerned. Records & Proceedings, if any be sent to the learned Tribunal concerned. No order as to costs.
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20. Pending application, if any, stands disposed of, accordingly.
(MOOL CHAND TYAGI, J) ARUN Page 8 of 8 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Fri Nov 28 23:48:55 IST 2025