Gujarat High Court
Shivabhai Ramabhai Prajapati vs Bhikubhai Dolatsang Padhiyar on 27 November, 2025
NEUTRAL CITATION
C/FA/3222/2014 JUDGMENT DATED: 27/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3222 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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SHIVABHAI RAMABHAI PRAJAPATI & ORS.
Versus
BHIKUBHAI DOLATSANG PADHIYAR & ORS.
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Appearance:
MR R.K.MANSURI(3205) for the Appellant(s) No. 1,2,3,4
MR AB GATESHANIYA(3766) for the Defendant(s) No. 1,2
MR SUNIL B PARIKH(582) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 27/11/2025
ORAL JUDGMENT
1. The captioned appeal has been filed against the impugned judgment and award dated 10.12.2013 passed by the learned Motor Accident Claims Tribunal (Aux.), 5 th (Ad- Hoc) Additional District Court, Sabarkantha at Himatnagar in M.A.C.P. No. 957 of 2006, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs. 8,10,700/- (Rupees Eight Lakhs Ten Thousand Seven Hundred Only) along with interest at the rate of 8% per annum from the date of filing the Claim Petition until its realization, as compensation.
2. The succinct facts, which led to the filing of the instant appeal are summarized as under:-
Page 1 of 11 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:12:16 IST 2025NEUTRAL CITATION C/FA/3222/2014 JUDGMENT DATED: 27/11/2025 undefined i. On 15.08.2006 at about 11:30 p.m., Mr. Bharatkumar Sivabhai Prajapati (herein after referred to as "the deceased") along with Mr. Prajapati Bhogilal Maganbhai was returning home after performing their duties at Gujarat Ambuja Exports Limited on a Luna bearing Registration No. GJ-9-D-6420. The said luna was being driven by the deceased at moderate speed and on the correct side of road by observing traffic rules and regulations. When they were passing through Motipura to R.T.O. bypass from slope of Hathmathi river bridge, a Jeep bearing Registration No. GJ-13-V-1157, being driven by respondent No.1 herein, came from wrong side of the road in a rash and negligent manner and dashed with the luna in which the deceased was travelling. As a result, both the deceased - driver of luna and pillion rider, Mr. Prajapati Bhogilal Maganbhai sustained serious injuries and were taken to Himatnagar Civil Hospital for treatment. Subsequently, the deceased succumbed to the injuries.
ii. It is the case of the original claimants before the learned Tribunal that at the time of the accident, the deceased was aged about 30 years and was gainfully employed with Gujarat Ambuja Exports Limited and was also doing agricultural and Page 2 of 11 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:12:16 IST 2025 NEUTRAL CITATION C/FA/3222/2014 JUDGMENT DATED: 27/11/2025 undefined animal husbandry work, thereby earning handsome income from all these sources. Therefore, the original claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.12,00,000/-.
iii. Having been served with the notices/summons of the Claim Petition, the respondent No. 3 - Insurance Company filed Exh.14 - Written Statement, thereby, denying the averments made in the Claim Petition in toto, and in brief, prayed for dismissal of the Claim Petition.
iv. Having considered the pleadings of the parties and the material available on record, the learned Tribunal framed the following issues at Exh. 22:-
i. Whether it is proved that the deceased sustained injuries and died on account of rashness or negligence in driving on the part of the driver of the vehicle involved in the accident ?
ii. What amount, if any, the claimants are entitled to by way of compensation and from which of the opponents ?
iii. What order?
v. In order to prove their case, the original Page 3 of 11 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:12:16 IST 2025 NEUTRAL CITATION C/FA/3222/2014 JUDGMENT DATED: 27/11/2025 undefined claimants/appellants herein led oral as well as documentary evidence such as:-
Sr. No. Description of documents Exh. No.
1 Affidavit in examination-in-chief and 51
Cross Examination of Shivabhai
Ramabhai Prajapati.
2 Affidavit in examination-in-chief and
Cross Examination of Bharatbhai 57
Narayanbhai Patel.
3 Affidavit in examination-in-chief and
Cross Examination of Bhogilal 63
Maganbhai Prajapati
4 Affidavit in examination-in-chief and
Cross Examination of Pareshbhai 66
Jethalal Gor
5 Certificate of Hansalpur Milk 58
Cooperative Society Ltd.
6 Copy of identity card of the deceased for 67
his employment.
7 Certificate of Gujarat Ambuja Exports 68
Company Limited.
8 Copy of salary slip of the deceased. 69
9 Copy of identity of the deceased for his 70
employment.
10 Copy of salary slip of the applicant. 71
11 Copy of complaint 74
12 Copy of panchnama of the scene of 75
occurrence.
13 Copy of inquest panchnama of the 76
deceased.
14 Copy of P.M. Report 77
15 School leaving certificate of the 78
deceased.
16 Copy of the identity card of the 79
deceased for his employment.
17 Copy of certificate issued by ITI to the 80
deceased for Turner Course.
18 Copy of charge-sheet filed against the 81
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NEUTRAL CITATION
C/FA/3222/2014 JUDGMENT DATED: 27/11/2025
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opponent No.1
19 Copy of Injury Certificate of the 85
applicant.
20 Disability certificate of the applicant. 87
21 Closing Pursis by learned advocate for 88
the applicants.
22 Copy of Village Form No. 7/12 96
23 Copy of Insurance Policy of vehicle No. Mark
GJ-13-D-0030 4/4.
vi. The respondents herein have not led any evidence before the learned Tribunal to prove their case.
vii. Having considered the oral as well as documentary evidence on record, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs. 8,10,700/- (Rupees Eight Lakhs Ten Thousand Seven Hundred Only) along with interest at the rate of 8% per annum from the date of filing the Claim Petition until its realization, as compensation.
viii. Being aggrieved and dissatisfied with the impugned judgment and award, original claimants/appellants herein have preferred the instant appeal on the ground of quantum.
3. Heard learned counsels for the parties.
4. Mr. R. K. Mansuri, learned advocate appearing on behalf of the original claimants/appellants herein vehemently Page 5 of 11 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:12:16 IST 2025 NEUTRAL CITATION C/FA/3222/2014 JUDGMENT DATED: 27/11/2025 undefined submitted that, though it has been proved on record before the learned Tribunal that the deceased was gainfully employed with Gujarat Ambuja Exports Limited and his salary slip was proved at Exh. 69 (salary slip of the deceased), and he was also engaged in agricultural work as well as animal husbandry, thereby earning a handsome amount from all these sources of income, the learned Tribunal has however, considered the monthly income of the deceased at very lower side. He further submitted that the Exh.69 - Salary Slip would show that the monthly salary of the deceased was Rs.4,445/-, however, the learned Tribunal had considered the income of the deceased from all sources as Rs.3,950/-, which is at lower side. He further contended that the learned Tribunal has awarded meagre amounts of compensation under the heads of Loss of Consortium, Loss of Estate, and Funeral Expenses. Therefore, contended that the impugned judgment and award is required to be modified to that extent.
5. On the other hand, Mr. Sunil B. Parikh, learned advocate appearing on behalf of respondent No.3 - Insurance Company, vehemently submitted that the learned Tribunal has rightly considered the income of the deceased. He further submitted that though, at the time of the accident, the deceased was aged about 30 years and 7 months, the learned Tribunal had applied the multiplier of "17" in place of "16". He further submitted that there is no infirmity in the impugned judgment and award and contended that the present appeal is devoid of any merit and deserves to be dismissed.
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6. Having considered the submissions of the learned counsels for the parties and having perused the material available on record, it is noted that the aspect of negligence and the age of the deceased are not in dispute. The original claimants/appellants herein have disputed the income of the deceased. The appellants had proved the salary slip of the deceased for the month of July 2006 at Exhibit 69. As per the said salary slip, the gross monthly income of the deceased at the time of the accident was Rs. 4,445/-. It is also the case of the appellants that the deceased was engaged in agricultural and animal husbandry activities and was earning additional income from these sources by selling milk to the dairy. Therefore, according to the appellants, the income of the deceased was determined by the learned Tribunal at a lower side. It is settled proposition of law that income means net income, i.e., Total Salary - Income Tax. Perusal of the salary slip of the deceased shows that the Basic Pay + Dearness Allowance amounted to Rs.2,622/-, House Rent Allowance was Rs.1,323/-, and Medical Allowance was Rs.500/-, making a total salary of Rs.4,445/-. From this amount of total salary, a sum of Rs. 315/- was deducted towards Provident Fund, Rs. 20/- towards Professional Tax, Rs. 10/- towards Welfare Fund, Rs. 4/- towards LWF, and Rs. 500/- towards Loan repayment. Thus, after making the total deduction of Rs.849/-, the Net Pay of the deceased would come to Rs. 3,596/- per month. It is settled preposition of law that the aforesaid deductions are not required to be deducted from the total salary of the Page 7 of 11 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:12:16 IST 2025 NEUTRAL CITATION C/FA/3222/2014 JUDGMENT DATED: 27/11/2025 undefined deceased as only Income Tax and Professional Tax have to be deducted. Perusal of the salary slip would show that no amount was deducted on account of Income Tax, therefore, the total salary of the deceased at the time of the accident would come to the tune of Rs.4,445/-. Further, it is also on record that the deceased was engaged in agricultural and animal husbandry work, thus, considering the totality of facts and circumstances, the monthly income of the deceased at the time of accident is determined as Rs.4,500/-.
7. The learned Tribunal had further enhanced the monthly income of the deceased by 30% on account of the future prospects of the deceased, however, the same is not in accordance to the ratio of the 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 and National Insurance Company Ltd. Vs. Pranay Sethi reported in 2017 (16) SCC 680. Thus, in view of the ratio of the aforesaid judgments, the monthly income of the deceased is further to be enhanced by 40%, therefore, the monthly income after adding 40% on account of future prospects of the deceased would come to Rs.6,300/- per month (i.e., Rs.4,500/- + Rs.1,800/- (40% of Rs.4,500/-).
8. Further, it is on record that at the time of the accident, the deceased was survived by four legal representatives, i.e., his father, widow and two minor children. Therefore, in view of the ratio of the judgment rendered in the case of Sarla Verma (supra), 1/4th of the monthly income is to be deducted Page 8 of 11 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:12:16 IST 2025 NEUTRAL CITATION C/FA/3222/2014 JUDGMENT DATED: 27/11/2025 undefined on account of the personal expenses of the deceased. Therefore, after deducting 1/4th of the monthly income on account of the personal expenses of the deceased, the monthly income for calculating the loss of dependency would come to Rs.4,725/- (i.e., Rs.6,300/- - Rs.1,575/- (1/4th of Rs.6,300/-).
9. It is on record that at the time of the accident, the deceased was aged about 30 years and seven months. Therefore, he was less than 31 years old at the time of accident. Hence, multiplier of "17" is rightly applied by the learned Tribunal for calculating the total loss of dependency. Therefore, after applying the multiplier of "17", the total loss of dependency would come to the tune of Rs.9,63,900/- (i.e., Rs.4,725/- X 12 X multiplier of "17").
10. It is on record that the deceased was survived by four legal representatives at the time of the accident. Therefore, in view of the ratio of the judgment rendered by the Hon'ble Apex Court in the case of Pranay Sethi (supra) and Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130, all the legal heirs of the deceased would be entitled for compensation under the head of loss of consortium. Accordingly, a sum of Rs.1,93,600/- is awarded under the head of loss of consortium.
11. The learned Tribunal has awarded a meagre amount under the head of loss of estate. Therefore, the said amount is to be enhanced to Rs.18,150/- in view of the ratio of the Page 9 of 11 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:12:16 IST 2025 NEUTRAL CITATION C/FA/3222/2014 JUDGMENT DATED: 27/11/2025 undefined judgment rendered by the Hon'ble Apex Court in the case of Pranay Sethi (supra) and Nanu Ram alias Chuhru Ram (supra).
12. Further, the learned Tribunal has awarded a meagre sum of Rs.5,000/- under the head of funeral expenses. In view of the settled preposition of law, the said amount of compensation is enhanced to Rs.18,150/-.
13. Therefore, in view the above discussions, the appellants shall be entitled for the following amount of compensation:-
Sr. Head Amount
No. (in rupees.)
1. Loss of dependency 9,63,900/-
2. Loss of Consortium (+) 1,93,600/-
3. Funeral Expenses (+) 18,150/-
4. Loss of Estate (+) 18,150/-
5. Total Compensation 11,93,800/-
Compensation awarded by
6. Impugned Judgment and (-) 8,10,700/-
Award dated 10.12.2013.
7. Enhanced amount of 3,83,100/-
compensation.
14. The learned Tribunal vide its impugned judgment and award dated 10.12.2013 has awarded a compensation of Rs.8,10,700/- along with interest at the rate of 8% per annum. Therefore, in view of the above discussions, the appellants herein shall be entitled to an additional amount of compensation of Rs.3,83,100/- (Rupees Three Lakhs Eighty Three Thousand One Hundred Only). The learned Tribunal has Page 10 of 11 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:12:16 IST 2025 NEUTRAL CITATION C/FA/3222/2014 JUDGMENT DATED: 27/11/2025 undefined awarded the interest at the rate of 8% per annum. The said rate of interest is maintained and therefore, the original claimants/appellants herein are entitled to the same rate of interest on the additional amount of compensation from the date of filing of the Claim Petition till its realization.
15. 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.
16. The respondent No.3 - Insurance Company shall deposit the enhanced amount of compensation along with interest from the date of filing of petition till its realization, 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 claimants/appellants herein (deducting deficit court fee, if any), after due verification.
17. 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.
18. Pending application, if any, stands disposed of, accordingly.
(MOOL CHAND TYAGI, J) ARUN Page 11 of 11 Uploaded by ARUN B(HC02368) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:12:16 IST 2025