Gujarat High Court
Nital Pravinchandra Shah vs Vipul Kanubhai Shah on 25 November, 2025
NEUTRAL CITATION
C/FA/955/2016 JUDGMENT DATED: 25/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 955 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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NITAL PRAVINCHANDRA SHAH
Versus
VIPUL KANUBHAI SHAH & ANR.
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Appearance:
MR MTM HAKIM(1190) for the Appellant(s) No. 1
MR YOGI K GADHIA(5913) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 25/11/2025
ORAL JUDGMENT
1. The captioned appeal has been preferred against the
impugned judgment and award dated 23.09.2014 passed by
the learned Motor Accident Claims Tribunal (Aux.), Vadodara,
in M.A.C.P. No. 2455 of 1999, whereby the learned Tribunal
partly allowed the claim petition and awarded a sum of
Rs.2,40,000/- (Rupees Two Lakh Forty Thousand Only) along
with interest at the rate of 9% per annum, from the date of
filing of the claim petition till its realization, as compensation.
2. The facts of the case and negligence are not in dispute,
therefore, the same are not being repeated herein for the sake
of brevity and to avoid repetition.
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3. Being aggrieved and dissatisfied with the impugned
judgment and award, the original Claimant/appellant herein
has preferred the present appeal on the point of quantum.
4. Heard learned counsels for the parties.
5. Mr. Hakim, learned counsel for the original
claimant/appellant vehemently submitted that the learned
Tribunal has determined the income of the claimant/appellant
herein at very lower side. He further submitted that the
learned Tribunal has considered the functional disability of
the appellant at 25% though it is on record that the claimant/
appellant herein has sustained disability of 40% over her face
and 25% on her right leg. He further submitted that the
learned Tribunal has awarded meagre amount of
compensation under the heads of Pain Shock & Suffering,
Actual Loss of Income and Food Attendants & Transportation.
He further contended that the though the claimant/appellant
herein sustained disfigurement to her face, the learned
Tribunal has not awarded any compensation under the head of
Facial Disfigurement. He further submitted that the claimant/
appellant herein was a young unmarried girl aged about 20
years at the time of the accident and she had sustained
injuries causing disfigurement to her face as a result of the
accident, therefore, the prospect of marriage has become
bleak, but the learned Tribunal has not awarded any
compensation under the head of loss of marriage prospects.
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Therefore, the compensation awarded by the learned Tribunal
is to be enhanced and judgment and award be modified to that
extent.
6. On the other hand, Mr. Yogi K. Gadhia, learned counsel
appearing for the respondent No.2 - Insurance Company
vehemently submitted that there is no infirmity in the
impugned judgment and award, therefore, contended that the
instant appeal deserves to be dismissed.
7. Having considered the submissions of the learned
counsels for the parties and having perused the material
available on record, it is on record that at the time of
accident, the claimant/appellant herein was working as a
manager in Trupti Restaurant. The learned Tribunal had
considered the income of the claimant/appellant as Rs.2,000/-
per month. The learned Tribunal has failed to appreciate the
qualification and occupation of the claimant/appellant herein
at the time of the accident, and considered the income of the
appellant at a lower side. Therefore, in my considered view, it
would be just and appropriate if the income of the
claimant/appellant at the time of the accident is determined
as Rs.3,000/- per month.
8. It is not in dispute that at the time of accident, the
claimant/appellant herein was a young girl aged about 20
years and she had sustained facial disfigurement of 40% and
disability to the extent of 25% to her right leg. However, the
learned Tribunal considered the functional disability of the
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claimant/appellant at 25% body as a whole. Therefore,
considering the evidences on record and having regard to the
nature of the disability sustained by the appellant, the
functional disability of the claimant/appellant herein is
ascertained at 35% body as a whole. Therefore, considering
the multiplier of "18" in accordance with the ratio of judgment
rendered by the Hon'ble Apex Court in the case of Sarla
Verma and Ors. Vs. Delhi Transport Corporation
reported in 2009 AIR (SC) 3104, the future economic loss of
the claimant/appellant would come to Rs.2,26,800/- (i.e.,
Rs.3,000/- X 35% X 12 X multiplier of "18"). The learned
Tribunal vide its impugned judgment and award has
determined the Future Loss of Income at Rs.1,08,000/-. The
same is now enhanced to Rs.2,26,800/-.
9. It is proved on record that the claimant/appellant herein
had sustained facial disfigurement and also fracture in her
right leg. However, the learned Tribunal has awarded only a
meagre amount of compensation of Rs.35,000/- under the
head of Pain Shock & Sufferings. Therefore, considering the
nature of injuries sustained, the period of medical treatment
and permanent disability sustained by the Claimant/appellant
herein, the compensation awarded under the head of Pain
Shock & Sufferings is required to be enhanced. Accordingly, a
compensation of Rs.50,000/- is awarded under the head of
Pain Shock & Sufferings.
10. The learned Tribunal has awarded a sum of Rs.8,000/-
for the actual loss of income for a period of four months. Now
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the monthly income of the appellant is considered at
Rs.3,000/- per month, so after considering the income as
Rs.3,000/- per month, the compensation awarded under the
head of Actual Loss of Income is enhanced from Rs.8,000 to
Rs.12,000/- (i.e., Rs.3,000 X 4 months).
11. The learned Tribunal has awarded a sum of Rs.84,000/-
under the head of Medical Expenses. The same was awarded
by the learned Tribunal after considering the medical bills
produced on record, therefore, no interference is required
under this head. Accordingly, the compensation awarded by
the learned Tribunal under the head of Medical Expenses is
maintained.
12. The learned Tribunal has awarded a meagre amount of
Rs.5,000/- under the head of Food, Attendants &
Transportation. Therefore, considering the nature of injuries
sustained and period of medical treatment undergone by the
appellant, I am of the considered view that the compensation
awarded by the learned Tribunal is required to be enhanced.
Accordingly, the compensation under the head of Food,
Attendants & Transportation is enhanced from Rs.5,000/- to
Rs.15,000/-.
13. Further, it is on record that the claimant/appellant
herein was a young girl aged about 20 years at the time of
accident and she sustained permanent disability of
disfigurement to her face. Therefore, a sum of Rs.50,000/- is
awarded for facial disfigurement.
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14. It is on record that at the time of the accident, the
claimant/appellant herein was an unmarried young girl aged
about 20 years and she had sustained facial disfigurement, as
such, her chance of being married has become bleak.
However, the learned Tribunal has not awarded any amount
of compensation under the head of Loss of Marriage
Prospects. Therefore, a sum of Rs.1,00,000/- is awarded under
the head of Loss of Marriage Prospects.
15. Therefore, in view of the above discussions, the original
claimant/appellant herein shall be entitled for the following
amount of compensation:-
Sr. No. Head Amount in rupees
1 Future Loss of Income 2,26,800/-
2 Pain Shock & Sufferings. (+) 50,000/-
3 Actual Loss of Income. (+) 12,000/-
(for 4 months)
4 Food Attendants & (+) 15,000/-
Transportation.
5 Loss of Marriage Prospects. (+) 1,00,000/-
6 Loss due to Facial (+) 50,000/-
Disfigurement.
7 Medical Expenses. (+) 84,000/-
8 Total Compensation 5,37,800/-
Compensation awarded by
9 the learned Tribunal vide the (-) 2,40,000/-
impugned judgment and
award dated 23.09.2014.
10 Enhanced amount of Rs.2,97,800/-
Compensation
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16. Therefore, in view of the above discussions, the original
claimant/appellant herein shall be entitled for an additional
compensation to the tune of Rs.2,97,800/- (Rupees Two Lakh
Ninety Seven Thousand Eight Hundred Only). The learned
Tribunal has awarded interest at the rate of 9% per annum
from the date of filing of the Claim Petition till realization. The
said rate of interest is maintained; accordingly, the original
claimant/appellant herein shall be entitled to 9% of interest
per annum on the additional amount of compensation from the
date of filing of the Claim Petition till its realization.
17. In view of the above discussions, the impugned judgment
and award stands modified to the aforesaid extent and
accordingly, the captioned appeal stands partly allowed.
18. The respondent No.2 - Insurance Company shall deposit
the enhanced amount of compensation along with interest
within a period of six weeks from today. Upon depositing the
said amount, the learned Tribunal shall disburse the entire
awarded amount to the original claimant/appellant herein
(deducting deficit court fee, if any), after due verification.
19. Amount, if any, lying deposited with the Registry of this
Court shall be transmitted to the learned Tribunal concerned.
Records & Proceedings, if any be sent to the learned Tribunal
concerned. No order as to costs.
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20. Pending application, if any, stands disposed of,
accordingly.
(MOOL CHAND TYAGI, J)
ARUN
