Gujarat High Court

Mansuri Akrambhai Kalubhai vs Thakor Jasvantbhai Laxmabhai on 17 November, 2025

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                           C/FA/2507/2015                                           JUDGMENT DATED: 17/11/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 2507 of 2015


                      FOR APPROVAL AND SIGNATURE:


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

                      ==========================================================
                                                MANSURI AKRAMBHAI KALUBHAI
                                                           Versus
                                            THAKOR JASVANTBHAI LAXMABHAI & ORS.
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                      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.1,02,480/- 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

claimant/appellant was riding his motorcycle bearing

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

Malpur. 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 thereby driving the jeep in

rash and negligent manner at an excessive speed so as to

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

Resultantly, appellant sustained serious injuries including

fractures.

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

the appellant sustained permanent disability of 19% of the body

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

accident the appellant was aged about 19 years and he was the

student of Second Year B.Com. Therefore, the appellant claimed

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

Company prayed for dismissal of the claim petition.

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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 43 and cross-examination of appellant

4. Paper of medical treatment and bills 55 for medicine

6. Educational document 57 to 70

7. Copy of Driving License of the 71 applicant

7. Having considered the materials on record, the learned

Tribunal has awarded a sum of Rs.1,02,480/- as a

compensation along with the interest at the rate of 8% per

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

realization.

8. Heard learned advocates for the parties.

9. Learned advocate for the appellant submitted that the

learned Tribunal has ascertained the income of the appellant at

Rs.2,500/- at the time of accident which is much lesser than the

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

submitted that appellant herein was aged about 19 years at the

time of accident, therefore, the multiplier of 18 is required to be

applied. However, the learned Tribunal has applied the

multiplier of 16 instead of 18. 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

also a meager amount of Rs.10,000/- under the head of loss of

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

head of transportation, special diet and attendant charges. He

further submitted that the said award is required to be modified.

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

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learned advocate appearing on behalf of the respondent No.3-

Insurance Company, vehemently submitted that there is no

infirmity in the impugned judgment and award, therefore, the

appeal is liable to be dismissed.

11. Mr. Palak H. Thakkar, learned advocate appearing on

behalf of the respondent No.6- Insurance Company, submitted

that the learned Tribunal has not considered the issue of

negligence in right earnest and ignored the material available on

record.

12. Having considered the submissions of the learned

advocates for the parties and having regard to the facts and

circumstances of the case, it is to be noted that it is not in

dispute that at the time of accident the claimant was the student

of Second Year B.Com and he was aged about 19 years.

However, the learned Tribunal has considered the income of the

student of Second year B.Com as Rs.2,500/- per month and the

learned Tribunal could have considered the minimum wages to

determine the income of Appellant prevalent at the time of

accident. As the relevant point of time the minimum wages as

notified by the State Government for Semi Skilled worker was

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Rs.2,900/- per month. Therefore, the income of the

appellant/original claimant is determined at Rs.2,900/- per

month. It is not in dispute that the claimant/appellant herein

sustained the functional disability of 19% body as a whole,

therefore, the learned Tribunal has rightly considered the future

loss of income at the rate of 19%. However, the learned Tribunal

has committed the serious and material illegality in considering

the multiplier of 16 in place of 18. Considering the income at

Rs.2,900/- per month, the future loss of income would come to

Rs.1,19,016/- (2900 x 19% x 12 x 18).

13. Further, the learned Tribunal has awarded a meager

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

life. Considering the age of the original claimant/appellant a

sum of Rs.15,000/- is awarded under this head. The learned

Tribunal has failed to appreciate that at the time of accident

appellant was aged about only 19 years and he sustained

functional disability to the extent of 19%, therefore, the learned

Tribunal could have awarded the reasonable amount under the

head of pain, shock and sufferings. The learned Tribunal has

awarded a sum of Rs.10,000/- under the head of pain, shock

and suffering which is required to be enhanced to Rs.30,000/-.

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The learned Tribunal has awarded the medical expenses

incurred by the appellant, therefore, the same is not required to

be interfered. However, the learned Tribunal has awarded only a

sum of Rs.10,000/- under the head of actual loss of income,

which is required to be enhanced to Rs.20,000/-. Similarly, the

learned Tribunal has awarded a meager amount of Rs.10,000/-

under the head of transportation, special diet and attendant

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

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                                                  1,19,016/-
                         Loss of enjoyment of life                                                 15,000/-
                         Pain, Shock and Suffering                                                 30,000/-
                         Medical Expenses                                                          34,800/-
                         Actual Loss of Income                                                     20,000/-
                         Transportation, Special Diet and Attendant                                15,000/-
                         Charges
                                                                               Total            2,33,816/-
                                                                Less: 30% negligence               70,145/-
                                                                               Total            1,63,671/-
                                       Less: compensation already awarded                       1,02,480/-
                                                                       Enahncement                61,191/-







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                            C/FA/2507/2015                                    JUDGMENT DATED: 17/11/2025

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15. Further, the appellant was the rider of the motorcycle and

he was held negligent to the extent of 30%. Therefore, 30% of the

awarded amount is required to be deducted on account of the

self negligence of the appellant. After, deducting the 30% amount

of the award and compensation already awarded, the appellant

shall be entitled for additional compensation to the tune of

Rs.61,191/-.

16. The learned Tribunal has awarded the interest at the rate

of 8% per annum. The same is not required to be interfered.

Therefore, the appellant shall be entitled for the interest on the

additional amount of compensation at the rate of 8% from the

date of filing of the claim petition till its realization.