[Cites 4, Cited by 0]
Gujarat High Court
Alpeshbhai Valjibhai Makvana vs Martaram Harishchandra Mina Deleted on 11 December, 2025
NEUTRAL CITATION
C/FA/5135/2023 JUDGMENT DATED: 11/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5135 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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ALPESHBHAI VALJIBHAI MAKVANA
Versus
MARTARAM HARISHCHANDRA MINA DELETED & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/12/2025
ORAL JUDGMENT
1) Feeling aggrieved and dissatisfied with the judgment and award
dated 27.10.2023 passed by learned Motor Accident Claims
Tribunal (Auxi.), Bhavnagar at Mahuva (which shall hereinafter
be referred to as "the Tribunal" for short), in Motor Accident
Claim Petition No.20 of 2022, the appellant - original claimant
has preferred the present appeal under Section 173 of the Motor
Vehicles Act, 1988 (which shall hereinafter be referred to as
"the Act" for short).
2) Heard Mr. N. A. Bhalodi, learned Advocate for the appellant -
original Claimant and Mr. R. P. Raval, learned Advocate for
respondent - Insurance Company.
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C/FA/5135/2023 JUDGMENT DATED: 11/12/2025
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3) It is the case of the appellant that on 05.03.2022, the claimant
was going from Moti Jagdhar to Village Gadhesar by riding a
motorcycle and when he reached near Culvert in Jagdhar Village
at that time the driver of Truck owned by opponent no.1 bearing
Reg. No.GJ-14-Z-0722 came by driving his vehicle in rash and
negligent manner and dashed with the motorcycle. As a result of
which the claimant sustained serious and grievous injuries. A
complaint being I-CR No.55/2022 was also registered with Datha
Police Station against the driver of Truck. Therefore, the
appellant had filed MAC Petition seeking compensation, wherein,
the learned Tribunal after appreciating the evidence produced on
record has partly allowed the claim petition.
4) The learned Advocate for the appellant has submitted that the
learned Tribunal has erred in considering notional income of the
claimant instead of rate of minimum wages of the year 2022.
The Tribunal has also not considered future prospective income
and awarded meagre amount towards PSS and special diet and
transportation. He has further submitted that the Tribunal ought
to have awarded amount towards loss of amenities considering
the nature of injuries and resultantly functional disability. Hence,
he has requested to allow the present appeal.
5) Learned Advocate for the respondent - Insurance Company has
opposed the present appeal and submitted that the Tribunal
after appreciating the evidence produced on record rightly
considered the income and awarded just and proper
compensation and therefore no interference of this Court is
required and the present appeal is required to be dismissed.
6) Having heard both the learned Advocates and going through the
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C/FA/5135/2023 JUDGMENT DATED: 11/12/2025
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evidence it appears that 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 rate of minimum wages in absence of evidence of
monthly income of the claimant. In the present case the
accident occurred on 05.03.2022 and during that time the
claimant was doing diamond artisen work and as per the
Government approved minimum wages the rate of skilled person
is required to be considered, whereas, the Tribunal has assessed
the income of the deceased as Rs.6,500/- per month which is
required to be enhanced and hence, the income of the claimant
is reassessed as Rs.9,500/- per month. In view of above, the
amount towards actual loss is also required to be enhanced from
Rs.13,000/- to Rs.19,000/- (i.e. additional amount of
Rs.6,000/-). Further, the learned Tribunal has committed error
by not considering addition towards future prospective income
therefore addition of 40% towards future prospectus is required
to be considered. The Tribunal based on pursis at Exhibit 44
rightly considered 32% functional disability of the claimant. The
Tribunal has also considered the age of claimant as 23 years and
multiplier of 18, the Tribunal has also considered amount of
Rs.1,52,288/- towards actual medical expenditure and amount
of Rs.10,000/- towards transportation and special diet and
attendant charges, 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] and National
Insurance Company Ltd. Vs. Pranay Sethi, reported in 2017
ACJ 2700, which are just and proper. However, considering the
nature of injuries and period of treatment the amount towards
NEUTRAL CITATION
C/FA/5135/2023 JUDGMENT DATED: 11/12/2025
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pain, shock and suffering is required to be enhanced from
10,000/- to Rs.30,000/- (i.e. additional amount of
Rs.20,000/-).
7) Therefore, recalculating the income of claimant as Rs.9,500/-
and future prospect of 40% = Rs.3,800/- which comes to to
Rs.13,300/-. Now total income towards future loss of income is
required to be considered as Rs.13,300/- x 12 x 18 x 32% / 100
= Rs.9,19,296/-. The Tribunal has awarded Rs.4,49,280/-
towards future loss of income, however, this Court is of the view
that the appellant is entitled to get additional amount of
Rs.4,70,016/- towards future loss of income.
8) As discussed above, the appellant is entitled to get
compensation computed as under:
Heads Awarded by Reassessed by this Court
Tribunal
Future loss of income Rs.4,49,280/- Rs.9,19,296/-
including additional
amount of Rs.4,70,016/-
Actual medical Rs.1,52,288/- Rs.1,52,288/-
expenditure
Actual loss Rs.13,000/- Rs.19,000/-
including additional
amount of Rs.6,000/-
Pain, shock and Rs.10,000/- Rs.30,000/-
sufferings including additional
amount of Rs.20,000/-
Special diet, Rs.10,000/- Rs.10,000/-
attendant and
transportation
Total compensation Rs.6,34,568/- Rs.11,30,584/-
including total additional
amount of Rs.4,96,016/-
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C/FA/5135/2023 JUDGMENT DATED: 11/12/2025
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9) In view of above, as the Tribunal has awarded compensation of
Rs.6,34,600/- (round off), however, as discussed above the
appellant is entitled to get additional amount of Rs.4,95,984/-
(Rs.11,30,584/- - Rs.6,34,600/-) with proportionate costs and
interest as awarded by the learned Tribunal.
10) Hence, present appeal is partly allowed. The judgment and
award dated 27.10.2023 passed by learned Motor Accident
Claims Tribunal (Aux.), Bhavnagar at Mahuva, in MAC Petition
No.20 of 2022 stands modified to the aforesaid extent. Rest of
the judgment and award remains unaltered. The respondent
no.3 - Insurance Company shall deposit the said additional
amount of Rs.4,95,984/- 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.
11) The learned Tribunal is directed to recover or deduct the deficit
court fees on enhanced amount and thereafter disburse the
amount accordingly.
12) Award to be drawn accordingly.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
