Mansukhbhai Manabhai Ninama vs Bhemabhai Babubhai Baria
2025 Latest Caselaw 7604 Guj

Gujarat High Court

Mansukhbhai Manabhai Ninama vs Bhemabhai Babubhai Baria on 16 October, 2025

                                                                                                                 NEUTRAL CITATION




                            C/FA/3261/2022                                     JUDGMENT DATED: 16/10/2025

                                                                                                                  undefined




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 3261 of 2022


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
                      ==========================================================

                                   Approved for Reporting                      Yes            No
                                                                                          ✔
                      ==========================================================
                                              MANSUKHBHAI MANABHAI NINAMA
                                                         Versus
                                             BHEMABHAI BABUBHAI BARIA & ORS.
                      ==========================================================
                      Appearance:
                      MR. SABIR B SAIYYAD(6322) for the Appellant(s) No. 1
                      MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3
                      RULE SERVED for the Defendant(s) No. 1
                      UNSERVED EXPIRED (R) for the Defendant(s) No. 2
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                           Date : 16/10/2025

                                                          ORAL JUDGMENT

1. Heard learned advocates for the parties.

2. Learned advocates for the parties submitted that the learned

Tribunal has awarded a meager amount of Rs.24,132/- on account of

the injuries sustained by the appellant/claimant in the vehicular

accident dated 21.12.1994. Learned advocate for the parties further

submitted that without going into the merits of the case a global

amount may be awarded.

3. Learned advocate for the appellant submitted that without going

into the merits, the compensation awarded by the learned Tribunal to

NEUTRAL CITATION

C/FA/3261/2022 JUDGMENT DATED: 16/10/2025

undefined

the tune of Rs.24,132/- may be enhanced to Rs.75,662/-.

4. Considering the facts and circumstances of the case, it would be

in the interest of justice if the global amount is awarded enhanced to

Rs.24,132/- to Rs.70,000/-. The claimant shall be entitled for interest

at the rate of 8% per annum on the enhanced amount of

compensation from the date of filing of the petition till realization.

5. Insurance Company is directed to deposit an additional amount

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

within a period of 6 weeks from today. The claimant shall be at liberty

to withdraw entire amount of compensation. The learned Tribunal

shall release the entire amount of compensation to the original

claimants after due verification

6. If any amount lying deposited in the captioned appeal with the

Registry of this Court, the same be transmitted to the concerned

learned Tribunal.

7. R & P, if any, be sent back to the concerned learned Tribunal

forthwith. No order as to costs.

(MOOL CHAND TYAGI, J) CDP