Gujarat High Court
Suraj Mangilal Lodhi (Then Minor) vs Thanaji Bhikhaji Badiyan (Marwadi) on 20 November, 2025
NEUTRAL CITATION
C/FA/1051/2025 JUDGMENT DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1051 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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SURAJ MANGILAL LODHI (THEN MINOR)
Versus
THANAJI BHIKHAJI BADIYAN (MARWADI) & ORS.
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Appearance:
MR H M SHAH(3997) for the Appellant(s) No. 1
DS AFF.NOT FILED (N) for the Defendant(s) No. 1
MR CHIRAYU A MEHTA(3256) for the Defendant(s) No. 3
NOTICE SERVED BY DS for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 20/11/2025
ORAL JUDGMENT
1) Feeling aggrieved and dissatisfied with the judgments and award
dated 17.01.2025 passed by learned Motor Accident Claims
Tribunal (Auxi), Ahmedabad (Rural) (hereinafter referred to as
"the Tribunal" for short), in Motor Accident Claim Petition No.405
of 2014, 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. H. M. Shah, learned Advocate for the appellant -
original Claimant and Mr. C. A. Mehta, learned Advocate for
NEUTRAL CITATION
C/FA/1051/2025 JUDGMENT DATED: 20/11/2025
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respondent - Insurance Company. Perused the original record
and proceedings.
3) It is the case of the appellant that on 21.09.2013 the appellant
then minor Suraj Mongilal Lodhi along with his siblings and
mother were going to school they were walking at the corner of
road near Ramapir temple near Bhavanpurani Pith at about
12:00 pm, at that time one loading Rickshaw bearing Reg.
No.GJ-01-CX-5884, owned by respondent no.2 came in rash and
negligent manner and hit the minor appellant, as a result of
which the appellant fell down on road and sustained severe
fracture injuries on his cheek, right leg foot along with other
bodily injuries. Therefore, the appellant has filed MAC Petition
seeking compensation. After appreciating the evidence produced
on record the learned Tribunal was pleased to partly allowed the
claim petition.
4) The appeal is filed on limited ground that the learned Tribunal
has committed error by allowing total compensation of
Rs.55,483/- under all combined head as lump-sum
compensation as injured was minor and he suffered 12%
disability body as a whole the learned Tribunal ought to have
passed the award for compensation of Rs.3,00,000/- in light of
the case of Master Mallikarjun vs. Divisional Manager, The
National Ins. Co. Ltd., reported in (2014) 14 SCC 396.
Though the learned Advocate has submitted that the Tribunal
has also committed error in not awarded amount of medical bills
of Rs.6,000/-, however, perusing the impugned judgment it
reveals that the Tribunal has already awarded medical bills for
the amount of Rs.6,483/- which is just and proper.
5) It is undisputed fact that the factum of incident and disability
remained unchallenged and the limited challenge is given in the
NEUTRAL CITATION
C/FA/1051/2025 JUDGMENT DATED: 20/11/2025
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present appeal is that though minor has sustained 12% disability
a lump-sum amount towards all heads is given Rs.55,483/-
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 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.55,483/- is enhanced to Rs.3,00,000/-. The
appellant is entitled to receive additional amount of
Rs.2,44,517/- with proportionate costs and interest as
awarded by the learned Tribunal.
7) Hence, present appeal is allowed. The judgment and award
dated 17.01.2025 passed by learned Motor Accident Claims
Tribunal (Auxi), Ahmedabad (Rural), in MAC Petition No.405 of
2014 stands modified to the aforesaid extent. Rest of the
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C/FA/1051/2025 JUDGMENT DATED: 20/11/2025
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judgment and award remains unaltered. The respondent No.3 -
Insurance Company shall deposit said additional amount of
Rs.2,44,517/- 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.
9) Award to be drawn accordingly.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
