Gujarat High Court
Manishaben Shantilal vs Abdullatif Abdul Razzak on 24 June, 2025
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C/FA/4048/2022 JUDGMENT DATED: 24/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4048 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
No
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MANISHABEN SHANTILAL
Versus
ABDULLATIF ABDUL RAZZAK & ORS.
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Appearance:
MR. ADNAN KHAN FOR MR. SABIR B SAIYYAD(6322) for the Appellant(s) No.
1
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 2
UNSERVED EXPIRED (R) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 24/06/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. Adnan Khan appearing on behalf of
Mr. Sabir B. Saiyyad, learned advocate on record for the appellant.
Learned advocate Ms. Kirti Pathak has entered her appearance on
behalf of respondent no.3 - Insurance Company.
2. Rule issued by this Court, has remained unserved qua
respondent nos.1 and 2. However, looking at the grounds raised in the
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appeal, the appeal is taken up for final hearing in their absence.
3. The present appeal is filed under Section 173 (1) of the Motor
Vehicles Act, 1988, at the instance of the original claimant, being
aggrieved and dissatisfied with the impugned judgment and award
dated 20.10.2018 passed by the learned Motor Accident Claims
Tribunal (Aux.), Dahod at Limmkheda in M.A.C.P. No.547 of 2017 (Old
M.A.C.P. 6190 of 2004 (Original M.A.C.P. No.1527 of 2003).
4. By the said impugned judgment and award, the Tribunal has
partly allowed the claim petition preferred by the present appellant-
original claimant, holding the claimant entitled to recover
compensation of Rs.30,000/- with interest at the rate of 8% per
annum from the date of petition till its actual realization, with
proportionate costs of the petition, jointly and severally to be realized
from the original opponents.
5. Noticing the limited issue raised, this Court, vide order dated
13.10.2022, had admitted the appeal,
6. Learned advocate for the appellant, at the outset, has
submitted that the Tribunal has materially erred in not considering the
judgment of the Hon'ble Supreme Court in the case of Mallikarjun v.
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Divisional Manager, National Insurance Company Limited and
Another reported in 2014 (14) SCC 396. While referring to the
aforesaid decision, learned advocate has pointed out that it is held by
the Hon'ble Supreme Court that in case of minor, where the disability
is sustained due to the motor accident, which is above 10% and up to
30% to the body as a whole, then the amount of Rs.3,00,000/- ought
to have been awarded. The Tribunal has awarded an amount of
Rs.27,000/- by treating Rs.15,000/- as notional income per annum in
case of the minor and the multiplier of 15 has been adopted,
considering the disability of 12% body as a whole, has determined the
future loss of income as Rs.27,000/-. He has further submitted that the
Tribunal has awarded meager amount of Rs.1000/- towards the
compensation under the head of medical expenses, pain, shock and
suffering, transportation and attendant charges. Learned advocate
has, therefore, urged this Court to enhance the amount of
compensation, in light of the aforesaid decision of the Hon'ble
Supreme Court, and to award the interest on such amount of
compensation from the date of filing of the claim petition till its actual
realization.
7. Learned advocate appearing on behalf of respondent no.3 -
Insurance Company has objected to the aforesaid submissions, and
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has contended that, for the findings and reasons assigned by the
learned Judge, no error can be found in the impugned judgment and
award. According to her, the Tribunal, in the facts of the case, has
rightly determined the amount of compensation. She has, therefore,
urged this Court to not entertain the present appeal.
8. Having heard the learned advocates appearing for the
respective parties and having perused the impugned judgment and
award, in light of the decision of the Hon'ble Supreme Court in the
case of Mallikarjun (supra), as rightly contended by the learned
advocate for the appellant, the Hon'ble Supreme Court, while
considering the judgment of the Tribunal and the High Court of
awarding the amount of compensation in case of minor, has held
that, it would be difficult to accurately assess the amount of
compensation in case of the children suffering disability on account of
motor vehicle accident. The Hon'ble Supreme Court, after considering
the relevant factors, precedents, and the approaches of various High
Courts, has held that, in case if the disability is above 10% and up to
30% of body as a whole, then in case of minor, the amount of
compensation can be considered as Rs.3,00,000/-. It would be
appropriate to reproduce the relevant observations of the Hon'ble
Supreme Court in that case, which reads as under:
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"12. Though it is difficult to have an accurate
assessment of the compensation in the case of
children suffering disability on account of a motor
vehicle accident, having regard to the relevant
factors, precedents and the approach of various High
Courts, we are of the view that the appropriate
compensation on all other heads in addition to the
actual expenditure for treatment, attendant, etc.,
should be, if the disability is above 10% and upto 30%
to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs;
upto 90%, Rs.5 lakhs and above 90%, it should be
Rs.6 lakhs. For permanent disability upto 10%, it
should be Re.1 lakh, unless there are exceptional
circumstances to take different yardstick. In the
instant case, the disability is to the tune of 18%.
Appellant had a longer period of hospitalization for
about two months causing also inconvenience and
loss of earning to the parents."
9. Considering the aforesaid decision of the Hon'ble Supreme
Court, in the facts of the case, indisputably the claimant is minor, and
has sustained disability on account of the motor vehicle accident. The
Medical Certificate ( Exh. 14) and Disability Certificate (Exh.25) have
also been produced on record by the claimant and upon appreciation
of the evidence of the claimant, in light of the aforesaid documents
produced on record, the Tribunal has assessed the disability of the
claimant at 12% body as a whole for the purpose of calculation of
future economic loss.
10. Thus, the disability sustained by the minor is above 10% and less
than 30% of body as a whole, and therefore, the amount of
compensation is awarded as Rs.3,00,000/-, as held by the Hon'ble
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Supreme Court in the case of Mallikarjun (supra).
11. As regards the submissions made by the learned advocate for
the appellant, awarding of interest is concerned, the appellant is held
entitled to interest at the rate of 8% per annum on such enhanced
amount of compensation from the date of filing of the claim petition
till its realization.
12. For the foregoing reasons, the appeal is allowed. The impugned
judgment and award dated 20.10.2018 passed by the learned Motor
Accident Claims Tribunal (Aux.), Dahod at Limmkheda in M.A.C.P.
No.547 of 2017 (Old M.A.C.P. 6190 of 2004 (Original M.A.C.P. No.1527
of 2003), is modified, by holding the claimant entitled to lump sum
amount of compensation of Rs.3,00,000/- with interest at the rate of
8% per annum from the date of filing of the claim petition till its
actual realization.
13. The respondent no.3-Insurance Company is directed to deposit
the enhanced amount of compensation with proportionate cost and
interest within a period of eight weeks from the date of receipt of
the copy of this order. On deposit of the aforesaid enhanced amount
by the respondent no.3-Insurance Company, the Tribunal is directed to
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release and disburse the aforesaid amount in favour of the original
claimant, subject to due verification, strictly in accordance with the
guidelines issued by the Hon'ble Supreme Court in this regard. While
making the payment, learned Tribunal shall deduct the Court Fess, if
not paid, in accordance with prevailing Rules. Let the aforesaid
exercise be undertaken by the Tribunal within a period of two weeks
from the date of deposit of the award amount.
14. With these observations, present First Appeal stands disposed
of in aforesaid terms.
15. Record and proceedings, if any, be sent back to the concerned
Tribunal forthwith .
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
