Gujarat High Court

Mansuri Mohsin Salimbhai vs Thakor Jasvantbhai Laxmabhai on 17 November, 2025

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                           C/FA/2506/2015                                      JUDGMENT DATED: 17/11/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 2506 of 2015


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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                                  Approved for Reporting                       Yes           No

                      ==========================================================
                                                 MANSURI MOHSIN SALIMBHAI
                                                          Versus
                                            THAKOR JASVANTBHAI LAXMABHAI & ORS.
                      ==========================================================
                      Appearance:
                      MR R.K.MANSURI(3205) for the Appellant(s) No. 1
                      MR PALAK H THAKKAR(3455) for the Defendant(s) No. 6
                      MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
                      RULE SERVED for the Defendant(s) No. 1,2,4,5
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                          Date : 17/11/2025

                                                         ORAL JUDGMENT

1. The captioned appeal is filed against the impugned

judgment and award dated 19.06.2015, whereby the learned

Tribunal has awarded a sum of Rs.95,650/- along with the

interest at the rate of 8% per from the date of filing of the claim

petition till its realization.

2. The succinct facts leading to file the present appeal is that

on 17.06.2008, at about 5:00 p.m. in the evening, the

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claimant/appellant was riding his motorcycle bearing

registration No.GJ-09-AE-9903 and going towards Meghraj from

Malpur and when he reached near Shajaad Lining Works, in the

meantime, respondent No.1 herein driver of the jeep bearing

registration No.GJ-17-Y-1248 came by driving the said jeep in

the rash and negligent manner at excessive speed so as to

endanger the human life and hit the motorcycle of the appellant.

Resultantly, appellant sustained the serious injuries and

fractures.

3. It is also the case of the appellant that in the said accident,

the appellant sustained permanent disability of 13% body as a

whole. It is also the case of the appellant that at the time of

accident the appellant was aged about 17 years and he was

studying in 11th standard. Therefore, he claimed the

compensation of Rs.7,00,000/-.

4. Upon being served, respondent No.3- Insurance Company

filed written statement at Exh-21, thereby denying the

averments made in the claim petition and further submitted that

the accident had occurred owing to the sole negligence of the

appellant herein and thereby the respondent No.3- Insurance

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Company prayed for dismissal of the claim petition.

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

Tribunal framed the following issues at Exh-21:-

"1. Whether it is proved that the claimant sustained injuries on account of rashness of negligence of negligent in driving on the part of the driver of the vehicle/vehicles involved in the accident?

2. What amount, if any claimant is entitled by way of compensation and from which of the opponents?

3. What order?"

6. In order to prove his claim, appellant herein had led the

following oral as well as the documentary evidences:-

                      Sr        Particulars                                     Exhibit
                      No.

1. Affidavit in examination-in-chief 42 and cross-examination of appellant

4. Panchnama of motorcycle bearing 49 registration No.GJ-9-AE-9903

9. Paper of medical treatment and bills 73/84 for medicine

10. Educational document 75 to 85

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7. Having considered the materials on record, the learned

Tribunal has awarded a sum of Rs.95,650/- as a compensation

along with the interest at the rate of 8% per annum from the

date of filing of the claim petition till realization.

8. Heard learned advocates for the parties.

9. Learned advocate for the appellant submitted that he is

challenging the award on the point of quantum and he is not

challenging the award on the point of negligence. He further

submitted that at the time of accident, the appellant/original

claimant was aged about 17 years and he was studying in 11 th

class, however, the learned Tribunal has determined the income

of the appellant at Rs.1250/- per month, which is much lesser

than the minimum wages prevalent at the time of accident. He

further submitted that in absence of proof of income, the learned

Tribunal could have considered the income of the appellant as

per minimum wages prevalent at the time of accident. He further

submitted that it is not in dispute that at the time of accident,

the original claimant/appellant herein was aged about 17 years,

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however, the learned Tribunal has applied the multiplier of 16 in

total disregard to the settled proposition of law. He further

submitted that the learned Tribunal has awarded a meager

amount of Rs.10,000/- under the head of loss of enjoyment of

life, a meager amount of Rs.10,000/- under the head of pain,

shock and suffering and a meager amount of Rs.10,000/- under

the actual loss of income and a meager amount of Rs.10,000/-

under the head of transportation, special diet and attendant

charges. He further submitted that the amount of compensation

awarded under these heads are required to be enhanced and

accordingly, the appeal is deserved to be allowed partly.

10. On the other hand, Mr. Vibhuti Nanavati, learned advocate

appearing on behalf of the respondent No.3- Insurance

Company, submitted that there is no infirmity in the impugned

judgment and award, therefore, the appeal is liable to be

dismissed.

11. On the other hand, Mr. Palak H. Thakkar, learned advocate

appearing on behalf of the respondent No.6- Insurance

Company, vehemently submitted that the rider of the motorcycle

was not negligent, therefore, the findings recorded by the learned

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Tribunal on the issue No.1 is required to be set aside. No other

submissions have been raised on behalf of the learned advocate

for the respondent No.6- Insurance Company.

12. Having considered the submissions of the learned

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

is to be noted that the appellant herein has not disputed the

findings recorded on the point of negligence. The learned

Tribunal had held the rider of the motorcycle contributorily

negligent to the extent of 30%. Appellant has not challenged that

finding. The Insurance Company of the motorcycle has not

preferred any appeal or any counter objections in the appeal for

challenging the findings returned by the learned Tribunal under

issue No.1. Therefore, the submissions raised by the learned

advocate Mr. Palak H. Thakkar is not sustainable. So far as the

quantum is concerned, it is not in dispute that at the time of

accident the appellant was the student of 11 th Standard and he

was aged about 17 years. The learned Tribunal has determined

the income of the appellant at Rs.1,250/- which is lower than

the income notified by the Government of Gujarat as minimum

wages at the relevant time. Accordingly, considering the

minimum wages prevalent at the relevant point of time, the

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income of the original claimant/appellant herein is determined

at Rs.2,700/- per month. Therefore, the income for calculating

the future loss of income is taken at Rs.2,700/-. It is not in

dispute that the claimant/appellant sustained functional

disability of 13%. Therefore, after applying the multiplier of 18 as

per age of the claimant, the future loss of income would come to

Rs.75,816/- (2700 x 13% x 12 x 18 ).

13. The learned Tribunal has awarded a sum of Rs.10,000/-

under the head of loss of enjoyment of life. Considering the

disability sustained by the appellant, the compensation awarded

under this head is enhanced from Rs.10,000/- to Rs.15,000/-.

Further, the learned Tribunal has awarded a sum of Rs.10,000/-

under the head of pain, shock and suffering which is also to be

required to be enhanced. Considering the nature of injuries and

considering the fact that, at the time of accident

appellant/claimant was only aged about 17 years. The

compensation awarded under this head to the tune of

Rs.10,000/- is enhanced to Rs.30,000/-. The learned Tribunal

has awarded actual sum spent by the appellant in his medical

treatment, therefore, no interference is required. The learned

Tribunal has awarded a sum of Rs.10,000/- under the head of

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actual loss of income, the same is enhanced to Rs.20,000/-.

Similarly, the learned Tribunal has awarded a meager amount

under the head of transportation, special diet and attendant

charges, which is also required to be enhanced to Rs.15,000/-

from Rs.10,000/-.

14. In view of the above discussions, the appellant shall be

entitled for the following amount of compensation under the

following heads.

                                                  Particulars                            Amount (Rs.)
                         Future Loss of Income                                                     75,816/-
                         Loss of enjoyment of life                                                 15,000/-
                         Pain, Shock and Suffering                                                 30,000/-
                         Medical Expenses                                                          34,450/-
                         Actual Loss of Income                                                     20,000/-
                         Transportation, Special Diet and Attendant                                15,000/-
                         Charges
                                                                               Total            1,90,266/-
                                       Less: compensation already awarded                          95,650/-
                                                                       Enhancement                94,616/-

15. The learned Tribunal has already awarded a sum of

Rs.95,650/-. Therefore, the appellant shall be entitled for the

additional compensation of Rs.94,616/- i. e. (Rs.1,90,266/- -

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(less) Rs.95,650/-). Learned Tribunal has awarded the interest at

the rate of 8% per annum, therefore, the appellant shall also be

entitled for the interest at the rate of 8% on the additional

amount of compensation.

16. The learned Tribunal has determined the inter se liability

of both the Insurance Company in the ratio of 70:30. The liability