[Cites 2, Cited by 0]
Gujarat High Court
Chaudhary Savjibhai Dhirabhai vs Parmar Dharmeshbhai Dahyabhai on 5 February, 2026
NEUTRAL CITATION
C/FA/2577/2018 JUDGMENT DATED: 05/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2577 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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CHAUDHARY SAVJIBHAI DHIRABHAI & ANR.
Versus
PARMAR DHARMESHBHAI DAHYABHAI & ORS.
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Appearance:
MR MAYUR RAJGURU(1198) for the Appellant(s) No. 1,2
VEDANT J RAJGURU(9375) for the Appellant(s) No. 1,2
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 05/02/2026
ORAL JUDGMENT
1. The captioned appeal has been preferred against the
impugned judgment and award dated 11.05.2017 passed by
the learned Motor Accident Claims Tribunal (Aux.), at
Mahesana, in M.A.C.P. No. 59 of 2007, whereby the learned
Tribunal had partly allowed the Claim Petition and awarded a
sum of Rs.4,34,167/- (Rupees Four Lakhs Thirty Four
Thousand One Hundred Sixty Seven 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.
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2. The succinct facts, which led to the filing of the
captioned appeal, as narrated in the Claim Petition are
summarized as under:-
i. On 26.09.2006 at about 05:30 a.m., Mr.
Chaudhary Becharbhai (hereinafter referred to as
the "deceased") was driving a Tata Indica car
bearing registration No.GJ-2-R-7082 from Rajkot
to Jamnagar, at a very moderate speed and on the
correct side of the road, by observing traffic rules.
When he reached near Falla village, the said
Indica car driven by the deceased dashed into the
backside of a truck bearing registration No. GT-
10-X-5792, which was lying stationary on the
road, without any signal, sign or reflectors. As a
result of the said vehicular accident, the deceased
sustained grievous injuries and he succumbed to
the said injuries.
ii. It is the case of the original claimants before the
learned Tribunal that the deceased was aged
about 28 years at the time of the accident and he
was working as a driver, thereby earning
Rs.3,500/- per month. It is also the case of the
original claimants before the learned Tribunal
that the accident in question had occurred due to
the negligency of the driver of the truck.
Therefore, the Original Claimants/appellants
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herein preferred the Claim Petition before the
learned Tribunal under Section 163(A) of the
Motor Vehicle Act (hereinafter referred to as the
"Act"), seeking compensation to the tune of
Rs.4,34,167/-.
iii. Having been served with the notices/summons of
the Claim Petition, original opponent No.1 -
driver of the truck and original opponent No.2 -
Insurer of the truck filed their respective Written
Statements at Exh.20 & Exh.12, thereby denying
the averments made in the Claim Petition, and in
brief, prayed for dismissal of the Claim Petition,
while original opponent No.3 - Owner of Indica
Car had chosen not to appear before the learned
Tribunal.
iv. Having considered the pleadings of the parties
and the material available on record, the learned
Tribunal framed the following issues, for
determination:-
i. Whether it is proved that the deceased
sustained injuries and died on account of
rashness or negligent driving on the part of
the driver/s of the vehicle/s involved in the
accident ?
ii. What amount, if any, the claimant/s is/are
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entitled to by way of compensation and from
which of the opponent ?
iii. What order and award ?
v. Having considered the pleadings, evidence on
record and the submissions advanced by the
learned counsels for the respective parties, the
learned Tribunal partly allowed the Claim Petition
and awarded a sum of Rs.4,34,167/- (Rupees Four
Lakhs Thirty Four Thousand One Hundred Sixty
Seven 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, and
directed the original opponent No.1 & original
opponent No.2 - Driver cum owner of the truck &
Insurer of the truck, to pay the awarded amount
of compensation to the original
claimants/appellants herein.
vi. Being aggrieved and dissatisfied with the
impugned judgment and award, the original
claimants/appellants herein have preferred the
captioned appeal on the ground of quantum.
3. Heard learned counsels for the parties.
4. At the outset, learned advocates for the parties
submitted that the learned Tribunal has not calculated the
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compensation as per the Second Schedule of the Motor
Vehicle Act. They further submitted that the learned Tribunal
ought to have applied the Second Schedule of the Act in its
letter and spirit, and could have awarded just compensation
as per the calculation prescribed under the Second Schedule
of the Act. They further submitted that the impugned
judgment and award be modified accordingly.
5. Having considered the submissions of the learned
counsels for the parties, it is not in dispute that the income of
the deceased was assessed by the learned Tribunal at
Rs.40,000/- per annum. It is also not in dispute that at the
time of the accident, the deceased was aged about 28 years.
Thus, applying the Second Schedule of the Act in accordance
with the age and income of the deceased, the compensation as
per the corresponding entries of the Second Schedule of the
Act, would come to the tune of Rs.6,80,000/-. After deducting
1/3rd on account of the personal expenses of the deceased,
the Future loss of dependency would come to the tune of
Rs.4,53,333/- (i.e., Rs.6,80,000/- minus 1/3rd of
Rs.6,80,000/-).
6. Further, a sum of Rs. 2,000/- was awarded under the
head of Funeral expenses and a sum of Rs.2,500/- was
awarded under the head of Loss of estate. The same are
accordingly maintained.
7. Thus, in view of the above discussion, the original
claimants shall be entitled for the following amount of
compensation under the following heads:-
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Sr. Head Amount in rupees.
No.
1 Future Loss of 4,53,333/-
Dependency.
2 Loss of Estate. (+) 2,500/-
3 Funeral Expenses. (+) 2,000/-
4 Total Compensation 4,57,833/-
Compensation awarded by
5 the learned Tribunal vide (-) 4,34,167/-
its impugned judgment and
award.
6 Enhanced amount of 23,666/-
Compensation
8. Therefore, in view of the above discussion, the original
claimants shall be entitled for an additional compensation to
the tune of Rs.23,666/- (Rupees Twenty Three Thousand Six
Hundred Sixty-Six 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 claimants 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.
9. The Insurance Company is directed to deposit the
additional amount of compensation along with interest within
a period of six weeks from today. Upon depositing the
awarded amount, the learned Tribunal shall disburse the
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entire awarded amount to the original claimants (deducting
deficit Court fee, if any), after due verification.
10. Statutory amount, if any, lying deposited with the
Registry of this Court shall be transmitted to the learned
Tribunal concerned forthwith. Records & Proceedings, if any
be sent to the learned Tribunal concerned. No order as to
costs.
11. Pending application, if any, stands disposed of,
accordingly.
(MOOL CHAND TYAGI, J)
ARUN.
