Gujarat High Court

Hareshchandra Narendrasinh Jadeja vs Meghraj Alias Megharam Ramlal Jatt on 30 June, 2025

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                            C/FA/534/2025                                      JUDGMENT DATED: 30/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 534 of 2025


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MS. JUSTICE NISHA M. THAKORE

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                                    Approved for Reporting                     Yes           No
                                                                                             No
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                                      HARESHCHANDRA NARENDRASINH JADEJA & ANR.
                                                        Versus
                                      MEGHRAJ ALIAS MEGHARAM RAMLAL JATT & ORS.
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                      Appearance:
                      MR MAKBUL I MANSURI(2694) for the Appellant(s) No. 1,2
                      MR. RIYAN M. MANSURI(16448) for the Appellant(s) No. 1,2
                      MR VC THOMAS(5476) for the Defendant(s) No. 2
                      MR. ALKESH N SHAH(3749) for the Defendant(s) No. 4
                      NOTICE SERVED for the Defendant(s) No. 3
                      NOTICE UNSERVED for the Defendant(s) No. 1
                      ==========================================================

                           CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                          Date : 30/06/2025

                                                          ORAL JUDGMENT

1. Heard Mr.Makbul I. Mansuri, learned advocate on record for the

appellants - original claimants. Learned advocate Mr. V.C. Thomas has

entered his appearance on behalf of respondent no.2 and learned

advocate Mr. Alkesh N. Shah has entered his appearance on behalf of

respondent no.4.








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                            C/FA/534/2025                                      JUDGMENT DATED: 30/06/2025

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2. The present appeal is filed under Section 173 of the Motor

Vehicles Act, 1988, being aggrieved and dissatisfied with the

impugned judgment and award dated 29.12.2023 passed by the Motor

Accident Claims Tribunal (Auxi.), & 2 nd Additional District & Sessions

Judge, Navrangpura, District- Ahmedabad (Rural) in Motor Accident

Claim Petition No. 410 of 2015. By the said impugned judgment and

award, the Tribunal has partly allowed the claim petition preferred by

the parents of the minor deceased under Section 163A of the Motor

Vehicles Act, 1988, holding the original opponents - respondents

herein, jointly and severally liable to pay the total amount of

compensation to the tune of Rs. 2,04,500/- with interest at the rate of

9% per annum from the date of filing of the claim petition till its

realization.

3. Considering the issue involved, this Court, vide order dated

17.03.2025, had issued notice for final disposal. In the meanwhile,

considering the issue involved in the cognate appeals, the record and

proceedings were called for from the concerned Tribunal.

4. Today, when the matter was taken up for hearing, learned

advocates appearing for the respective parties have apprised the

Court on the limited issue involved. It is an undisputed fact that the

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deceased was minor at the time of the accident. However, the

Tribunal, while accepting the claim petition preferred under Section

163A of the Act 1988, had confined to award the amount towards the

loss of dependency to the tune of Rs. 2,00,000/- only. Additionally, the

amount of Rs. 4,500/- has been awarded towards the heads of loss of

estate and funeral expenses.

5. Learned advocate for the appellant has assailed the aforeaid

award by relying upon the decision of the Hon'ble Supreme Court in

the case of Kishan Gopal & Anr vs Lala & Ors , reported in (2014) 1

SCC 244, and in the case of Meena Devi vs. Nunu Chand Mahto @

Nemchand Mahto reported in 2023 (1) SCC 204. By referring to the

aforesaid decisions, learned advocate has submitted that prior to the

Amendment Act, 2019, the Courts, in cases of deceased child, have

entertained the petitions preferred under Section 163A of the Act,

1988, by considering the notional income of the deceased as Rs.

30,000/- as specified in the Second Schedule of the Act.

5.1. Learned advocate has invited my attention to the fact that

initially the notional income of Rs.15,000/- was specified in the Second

Schedule of the Act, which has been subsequently revised and

modified as Rs. 30,000/-. Thus, according to the learned advocate, by

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applying the multiplier of 15, the Tribunal ought to have treated the

loss of dependency to the tune of Rs. 4,50,000/-. He has also urged

this Court to consider the additional amount of Rs. 50,000/- towards

the conventional heads, and has therefore, prayed to enhance the

total amount of compensation to the tune of Rs. 5,00,000/-.

6. Learned advocates appearing for the respective respondents -

Insurance Companies have supported the findings and reasons

assigned by the Tribunal. However, they were unable to dispute the

aforesaid settled legal position as pointed out by learned advocate for

the claimants.

7. Considering the aforesaid submissions of learned advocates

appearing for the respective parties and noticing the undisputed facts,

inasmuch as, the deceased was minor aged around 3 years at the time

of the accident, and in absence of any dispute with regard to the

involvement of the vehicle at the instance of the respective Insurance

Companies, more particularly, noticing the fact that no appeal has

been filed, the issue of involvement having attained finality. This

Court is inclined to accept the aforesaid submissions of the learned

advocate for the appellants - original claimants.








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                            C/FA/534/2025                                      JUDGMENT DATED: 30/06/2025

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8. The original claimants are entitled to the amount of Rs.

5,00,000/- as considered by the Hon'ble Supreme Court in the case of

Meena Devi (supra). While referring to the Second Schedule of the

Motor Vehicles Act, 1988, as regards the additional amount of

compensation prayed for under the conventional heads are

concerned, the claimants shall also be entitled to the amount of Rs.

50,000/- as against the awarded amount of Rs. 4500/- under the

conventional heads as well.

9. For the foregoing reasons, the present appeal is allowed. The

impugned judgment and award dated 29.12.2023 passed by the Motor

Accident Claims Tribunal (Auxi.), & 2 nd Additional District & Sessions

Judge, Navrangpura, District- Ahmedabad (Rural) in Motor Accident

Claim Petition No. 410 of 2015, is hereby modified. The appellants -

original claimants are held entitled to the total amount of

compensation of Rs. 5,00,000/- with interest at the rate of 9% per

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

10. With these observations, the respondents are held jointly and

severally liable to pay the awarded amount of compensation in terms

of their liability as determined by the Tribunal. The respondents are

directed to deposit the aforesaid amount of compensation of Rs.







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                            C/FA/534/2025                                      JUDGMENT DATED: 30/06/2025

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2,95,500/- (Rs.5,00,000/- - Rs.2,04,500/-) with interest at the rate of

9% per annum ,within a period of six weeks from the date of receipt

of this order. On deposit of the aforesaid enhanced amount by the

respondents, the Tribunal is directed to release and disburse the

aforesaid amount in favour of the original claimants, 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.

11. With these observations, present First Appeal stands disposed