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Gujarat High Court

Ramankumar Ramswarup Chaudhari vs Ismail Abdulla Gajan on 5 December, 2025

                                                                                                                     NEUTRAL CITATION




                           C/FA/1364/2019                                          JUDGMENT DATED: 05/12/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/FIRST APPEAL NO. 1364 of 2019


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
                      ==========================================================

                                  Approved for Reporting                           Yes           No

                      ==========================================================
                                            RAMANKUMAR RAMSWARUP CHAUDHARI
                                                          Versus
                                               ISMAIL ABDULLA GAJAN & ORS.
                      ==========================================================
                      Appearance:
                      MR KIRTIDEV R DAVE(3267) for the Appellant(s) No. 1
                      MR KV GADHIA(319) for the Defendant(s) No. 3
                      RULE SERVED for the Defendant(s) No. 1,2
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                          Date : 05/12/2025

                                                         ORAL JUDGMENT

1. The captioned appeal is filed against the impugned

judgment and award dated 24.08.2018 passed by the Motor

Accident Claims Tribunal (Aux), Bhuj-Kachchh in Motor

Accident Claim Petition No.696 of 2006, whereby the learned

Tribunal had awarded a sum of Rs.1,17,800/- as a

compensation along with the interest at the rate of 9% per

annum from the date of filing of the claim petition till its

realization.

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2. The succinct facts leading to file the captioned appeal is

that on 17.01.2006 at about 18:30 hours, the

claimant/appellant was coming from Mothada to Kothara village

by riding his motorcycle bearing registration No.HR-08-A-7010,

when he reached at the place of accident, in the meantime the

respondent No.1 came from the wrong side by driving the truck

bearing registration No.GJ-12-U-5054 in a rash and negligent

manner thereby caused the accident. In the said accident, the

claimant/appellant sustained grievous injuries and he became

permanently disabled. Therefore, he filed claim petition for

seeking the compensation of Rs.11,00,000/- from the

respondents.

3. On being served with the notices of the claim petition, the

respondent No.2 chosen not to appear, however, the respondent

No.1 and 3 appeared through their respective learned advocates

and respondent No.3- Insurance Company filed the written

statement at Exh-43, thereby denying the involvement of vehicle

in accident, factum of age, injury and income of the

claimant/appellant and prayed for dismissal of the claim

petition.

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4. Having considered the pleadings of the parties, the learned

Tribunal had framed the following issues at Exh-24:-

"1. Whether the applicant proves that the accident has occurred owing to the rash and negligent driving of the vehicle involved in the accident as pleaded in the claim petition and the claimant sustained the injuries?

2. Whether the applicant proves that he is entitled to get the compensation from the respondents? If yes, from whom?

3. What award?"

5. In order to prove his claim, the claimant/appellant led the

following oral as well as documentary evidence:-

                      Sr        Particulars                                    Exhibit
                      No.

1. Affidavit in examination-in-chief 39 and cross-examination

3. True copy of panchnama of place of 45 accident

10. True copy of sale deed 52 & 53

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6. Having considered the evidence on record, the learned

Tribunal awarded a sum of Rs.1,17,800/- as a compensation

along with the interest at the rate of 9% from the date of filing of

the claim petition till realization.

7. Being aggrieved and dissatisfied with the awarded amount,

the appellant/claimant has preferred the captioned appeal for

enhancement of compensation.

8. Heard learned advocates for the parties.

9. Learned advocate Ms. Shweta Parmar appearing on behalf

of the learned advocate Mr. Kirtidev R. Dave for the appellant,

vehemently submitted that at the time of accident, the

claimant/appellant was gainfully engaged in agricultural work

and thereby earning a sum of Rs.1,00,000/- per annum,

however, the learned Tribunal has determined the income of the

claimant/appellant at Rs.3,000/- per month. She further

submitted that the learned Tribunal has considered the income

of the claimant/appellant at very lower side. She further

submitted that the learned Tribunal has awarded a meager

amount under the head of future loss of income, pain, shock and

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suffering, special diet, attendant charges and transportation.

Therefore, the impugned judgment and award is modified to that

extent.

10. On the other hand, Mr. Gadhia, learned advocate

appearing on behalf of the Insurance Company, vehemently

submitted that there is no infirmity in the impugned judgment

and award, therefore, the present appeal deserves to be rejected.

11. Having considered the submissions of the learned

advocates for the parties and having gone through the record, it

is the case of the appellant before the learned Tribunal that at

the time of accident he was gainfully engaged in the agricultural

work and thereby earning a sum of Rs.1,00,000/- from the

agricultural work. It is also on record that the income was not

proved on record, therefore, the learned Tribunal has considered

the notional income of the claimant as Rs.3,000/- per month. In

absence of proof of income, the learned Tribunal could have

considered the minimum wages at the relevant point of time. The

accident occurred on 17.01.2006. At the relevant point of time

minimum wages for the skilled worker was Rs.2,400/-.

Therefore, in my considered view the learned Tribunal has not

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committed any error in considering the income of the

claimant/appellant as Rs.3,000/- per month. However, it is on

record that the claimant was aged about 38 years at the time of

accident, but the learned Tribunal has not added 40% of the

notional income on account of future prospects. Therefore,

adding 40% to the monthly notional income of the

claimant/appellant, the monthly income for calculating the

future loss of income, it would come to Rs.4,200/- (3000 + 40%

x 3,000). It is on record that with the consent of the parties, the

learned Tribunal has assessed the disability at 12% body as a

whole and the said disability would not in dispute. Therefore,

considering the functional disability at 12% and applying the

multiplier of 15 as per the age of the claimant/appellant the

future loss of income would come to Rs.90,720/- (4200 x 12% x

12 x 15). Therefore, the appellant/claimant shall be entitled to

get a compensation of Rs.90,720/- under the head of future loss

of income. The learned Tribunal has awarded a sum of

Rs.32,000/- on account of medical expenses on the basis of the

actual bill produced by the claimant, therefore, no interference is

required under this head. It is on record that the claimant has

sustained the injuries of fracture and he remained under

treatment for a considerable period, however, the learned

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Tribunal has awarded a sum of Rs.10,000/- towards pain, shock

and suffering. The said amount of compensation in my

considered view is at a very lower side and therefore, the same is

to be enhanced from Rs.10,000/- to Rs.15,000/- and

accordingly a sum of Rs.15,000/- is awarded under the head of

pain, shock and suffering. The learned Tribunal has awarded a

sum of Rs.5,000/- under the head of special diet, attendant

charges and transportation. Considering the nature of injuries,

period of hospitalization and the disability sustained by the

claimant/appellant it would be just if the compensation awarded

under this head is enhanced from Rs.5,000/- to Rs.10,000/-.

Accordingly, a sum of Rs.10,000/- is awarded under the head of

special diet, attendant charges and transportation. The learned

Tribunal has awarded actual loss of income for a period of two

months. Considering the monthly income of Rs.3,000/-, this

Court is determined the notional monthly income of the

appellant/claimant at Rs.3,000/-. Therefore, no interference is

required under this head.

12. Thus, in view of the above discussions, the claimant shall

be entitled for the following compensation under the following

heads:-

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Particulars Amount (Rs.) Future Loss of Income 90,720/-

                         Medical expenses                                                         32,000/-
                         Transportation, Special Diet and Attendant                               10,000/-
                         Charges
                         Actual loss of income                                                      6,000/-
                         Pain, Shock and Suffering                                                15,000/-
                         Total                                                                 1,53,720/-
                         Less: compensation already awarded                                    1,17,800/-
                         Enhancement                                                             35,920/-

13. The learned Tribunal has already awarded a sum of

Rs.1,17,800/-. Therefore, the appellant shall be entitled for the

additional compensation of Rs.35,920/- i. e. (Rs.1,53,720/- -

(less) Rs.1,17,800/-). Learned Tribunal has awarded the interest

at the rate of 9% from the date of filing of the claim petition till

realization, therefore, the appellant shall also be entitled for the

interest at the rate of 9% on the additional amount of

compensation from the date of filing of the claim petition till

realization.

14. The respondent No.3- Insurance Company shall deposit

the additional amount of compensation along with the interest

within a period of 6 weeks from today.

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