Gujarat High Court
Dimpalben Nemabhai Rathod vs Rajaji Vaghaji Rabari on 11 November, 2025
NEUTRAL CITATION
C/FA/2583/2023 ORDER DATED: 11/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2583 of 2023
==========================================================
DIMPALBEN NEMABHAI RATHOD
Versus
RAJAJI VAGHAJI RABARI & ORS.
==========================================================
Appearance:
MR RAXIT J DHOLAKIA(3709) for the Appellant(s) No. 1
MR KRUNAL R SAKSENA(5915) for the Defendant(s) No. 1
RULE NOT RECD BACK for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 4
RULE UNSERVED for the Defendant(s) No. 3
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/11/2025
ORAL ORDER
1) Feeling aggrieved by and dissatisfied with the judgment and award
dated 25.11.2021 passed by learned Motor Accident Claims Tribunal
(Aux), Deodar, Dist. Banaskantha, (hereinafter referred to as "the
Tribunal" for short), in Motor Accident Claim Petition No.1324 of
2015, the appellant - original claimant preferred present appeal
under Section 173 of the Motor Vehicles Act, 1988 (hereinafter
referred to as "the Act" for short).
2) Heard Mr. Raxit J. Dholakia, learned Advocate for the appellant -
original Claimant, Mr. Krunal Saksena, learned Advocate for
respondent No.1 and Ms. Kirti S. Pathak, learned counsel for
respondent No.4. Perused the original record and proceedings.
3) It is the case of the appellant that on 18.06.2019, when she was
travelling in a Jeep from Deesa to Dhanera and the said jeep was
being driven by its driver at a modest speed and at that time, one
truck came from opposite side being driven by its driver in a rash and
NEUTRAL CITATION
C/FA/2583/2023 ORDER DATED: 11/11/2025
undefined
negligent manner and dashed with the jeep in which minor applicant
was travelling and as a result, the applicant got serious injuries and
injuries on other parts of the body and therefore, the claim petition
was filed to get compensation of Rs.2,00,000/- from the opponents
towards injuries sustained by her. After appreciating the evidence
produced on record, the learned Tribunal allowed the claim petition
and directed to recover compensation of Rs.2,03,500/- with interest
@ 8 % p.a.
4) The appeal is filed on limited ground that the learned Tribunal has
committed error by allowing total compensation of Rs.2,03,500/-
under all combined head as lump-sum compensation as injured was
minor and he suffered 31% disability body as a whole. Therefore, the
learned Tribunal ought to have passed the award for compensation
of Rs.4,00,000/- in light of the case of Master Mallikarjun vs.
Divisional Manager, The National Ins. Co. Ltd., reported in (2014) 14
SCC 396.
5) It is undisputed fact that the factum of incident and disability
remained unchallenged and the limited challenge is given in the
present appeal is that though minor has sustained 31% disability a
lump-sum amount towards all heads is given Rs.2,03,500/- which is
required to be awarded Rs.3,00,000/- as the Hon'ble Apex Court in
Master Mallikarjun (supra) in para 12 held which reads as under:
"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
Rs.1 lakh, unless there are exceptional circumstances to take different
NEUTRAL CITATION
C/FA/2583/2023 ORDER DATED: 11/11/2025
undefined
yardstick."
6) Herein the disability is more than 10% and for the permanent
disability upto 10% which is required to be awarded Rs.1 lakh as body
as whole if the disability is above 10% upto 30%, then Rs.3 lakhs is
required to be awarded. In view of above without discussing further
about the merits and factum of accident as limited challenge is given
in the present appeal, the awarded compensation of Rs.02,03,500/- is
enhanced to Rs.3,00,000/-. The appellant is entitled to receive
additional amount of Rs.96,500/- with proportionate costs and
interest as awarded by the learned Tribunal.
7) Hence, present appeal is allowed. The judgment and award dated
25.11.2021 passed by learned Motor Accident Claims Tribunal (Aux),
Deodar, Dist. Banaskantha in MACP No.1324/2015, stands modified
to the aforesaid extent. Rest of the judgment and award remains
unaltered. It is provided that respondent No.4 - Insurance Company
shall deposit said additional amount of Rs.96,500/- 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.
8) The learned Tribunal is directed to recover or deduct the deficit court
fees on enhanced amount and thereafter disburse the amount
accordingly. Award to be drawn accordingly.
(HASMUKH D. SUTHAR,J)
SUCHIT
