[Cites 3, Cited by 0]
Gujarat High Court
Heirs Of Decd. Suryakantbhai ... vs Himmatlal Kanubhai Kchchhi on 5 February, 2026
NEUTRAL CITATION
C/FA/2897/2013 JUDGMENT DATED: 05/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2897 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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HEIRS OF DECD. SURYAKANTBHAI GORDHANBHAI PATEL & ORS.
Versus
HIMMATLAL KANUBHAI KCHCHHI & ANR.
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Appearance:
MR DN PANDYA(545) for the Appellant(s) No. 1,2,3,4
MR NK MAJMUDAR(430) for the Defendant(s) No. 1
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 2
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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 02.05.2012 passed by
the learned Motor Accident Claims Tribunal (Main), Narmada
at Rajpipla, in M.A.C.P. No. 163 of 2011, whereby the learned
Tribunal had partly allowed the Claim Petition and awarded a
sum of Rs.2,30,000/- (Rupees Two Lakh Thirty 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 succinct facts, which led to the filing of the
captioned appeal, as narrated in the Claim Petition are
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summarized as under:-
i. On 26.01.2011 at about 3:30 p.m., Mr.
Suryakantbhai Gordhanbhai Patel (hereinafter
referred to as the "deceased") was travelling in a
Honda Active motorcycle bearing registration
No.GJ-6-DC-1370, along with his wife. The said
motorcycle was being driven by the deceased, at a
very moderate speed and on the correct side of
the road. When they were passing through the
Raopura Police Parade Ground, the original
opponent No.1/respondent No.1 herein, came by
driving a motorcycle bearing registration No.GJ-6-
CQ-2009, at very excessive speed and in a rash
and negligent manner, and dashed with the
Honda Activa motorcycle on which the deceased
was travelling from behind, thereby causing the
accident. As a result of the said vehicular
accident, the deceased sustained grievous injuries
and he succumbed to the said injuries, during
treatment.
ii. It is the case of the original claimants/appellants
herein before the learned Tribunal that the
deceased was aged about 63 years and he was
earning Rs.6,00,000/- per annum by doing
agricultural work, and was also earning 60,000/-
per annum by doing business. Therefore, the
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Original Claimants/appellants herein preferred
the Claim Petition before the learned Tribunal
seeking compensation to the tune of
Rs.15,00,000/-.
iii. Having been served with the notices/summons of
the Claim Petition, original opponent
No.1/respondent No.1 herein - driver cum owner
of the offending motorcycle had not filed any
Written Statement before the learned Tribunal,
while, the original opponent No.2/respondent
No.2 herein - Insurer of the offending motorcycle
filed its Written Statement at Exh.19, thereby
denying the averments made in the Claim Petition
in toto, and in brief, prayed for dismissal of the
Claim Petition.
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 the applicants prove that the
deceased met with a vehicular accidental
death due to rash and negligent driving of
the driver of the vehicle involved in the
accident?
ii. Whether the petitioner is entitled to get
compensation ? If yes, what amount ?
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iii. What award and against whom ?
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.2,30,000/- (Rupees Two
Lakh Thirty 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 and directed the original
opponents/respondents herein 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 challenged the
impugned judgment and award on the ground of
meagreness of compensation awarded by the
learned Tribunal.
3. Heard learned counsels for the parties.
4. Mr. D. N. Pandya, learned advocate appearing on behalf
of the original claimants/appellants herein vehemently
submitted that at the time of the accident, the deceased was
gainfully engaged in agricultural work and was earning a
handsome amount from the said work. However, the learned
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Tribunal had not appreciated the oral as well as documentary
evidence placed on record. He further submitted that the
learned Tribunal had awarded meagre amounts of
compensation under the heads of Loss of estate, Loss of
consortium and Funeral expenses. He further submitted that
after the vehicular accident, the deceased was hospitalized for
a period of ten days and during the said period, he suffered lot
of pain, shock and sufferings, however, the learned Tribunal
had not awarded any amount of compensation under the head
of Pain, shock & sufferings. He further submitted that the
impugned judgment and award is liable to be modified and
just compensation be awarded under all the heads.
5. Per contra, Mr. Palak H. Thakkar, learned counsel
appearing on behalf of the respondent No.2 - Insurance
Company vehemently submitted that the learned Tribunal had
awarded just compensation under all heads, as such, there is
no infirmity in the impugned judgment and award. He
contended that the captioned appeal preferred by the original
claimants/appellants herein is liable to be dismissed.
6. Having considered the submissions of the learned
counsels for the parties and having perused the material
available on record, it is to be noted that there is no dispute
regarding the manner of occurrence of accident, age or
occupation the deceased. The original claimants/appellants
herein have preferred the captioned appeal challenging the
impugned judgment and award on the ground of quantum.
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7. So far as the quantum awarded by the learned Tribunal is
concerned, it has been pleaded in the Claim Petition that at the
time of the accident, the deceased was gainfully engaged in
agricultural work. The claimant No.1 has also filed her affidavit
in examination-in-chief at Exh.59 along with the lines of
pleadings. Perusal of the records further transpires that the
claimants have proved bills for selling the agricultural produce,
i.e., tobacco at Exhs.24 & 25. Further, the certificate issued by
the Karkhadi Milk Produce Co-operative Society Limited was
produced at Exh.77 and the extract of Village Form No.7 was
proved at Exhs.78 to 87. Thus, considering the overall evidence
of income produced by the original claimants, I am of the
considered view that the learned Tribunal had assessed the
monthly income of the deceased at a very lower side. From the
oral as well as documentary evidence available on record, it has
been proved that the deceased was engaged in agricultural work
as well as selling of milk to the milk co-operative society, hence,
the income of the deceased ought to have been assessed by the
learned Tribunal at Rs.6,000/- per month. Accordingly, the
income of the deceased is reassessed as Rs.6,000/- per month.
8. It is not in dispute that at the time of the vehicular
accident, the deceased was aged about 63 years, as such, the
income of the deceased is not required to be enhanced on
account of Future prospects, in view of the ratio laid down by
the Hon'ble Apex Court in the case of Sarla Verma and Ors.
Vs. Delhi Transport Corporation reported in 2009 AIR (SC)
3104 and National Insurance Company Ltd. Vs. Pranay Sethi
reported in 2017 (16) SCC 680.
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9. It is also on record that at the time of the accident, the
deceased was survived by four legal representatives.
Therefore, in view of the ratio of judgment rendered by
Hon'ble Apex Court in the case of Pranay Sethi (supra), the
learned Tribunal ought to have deducted 1/4th of the monthly
notional income on account of the personal expenses of the
deceased. Therefore, after deducting 1/4th of the monthly
income on account of the personal expenses of the deceased,
the monthly income for calculating the Future loss of
dependency would come to Rs.4,500/- (i.e., Rs.6,000/- minus
1/4th of Rs.6,000/-).
10. Considering the age of the deceased at the time of
accident, the multiplier of "7" is required to be applied.
Therefore, after applying the multiplier of "7", the original
claimants/appellants herein shall be entitled for a sum of
Rs.3,78,000/- (i.e, Rs.4,500/- X 12 months X multiplier of "7")
under the head of Future Loss of Dependency.
11. The learned Tribunal had awarded a sum of Rs.10,000/-
under the head of Loss of estate and consortium, and had
awarded a sum of Rs.2,000/- under the head of Funeral
expenses. The said amount of compensation awarded by the
learned Tribunal is not in consonance with the ratio of the
judgment rendered by the Hon'ble Apex Court in the case of
Pranay Sethi (supra), as such, a compensation of Rs.18,150/-
is awarded under the head of Loss of estate and similarly, the
compensation awarded under the head of Funeral expenses is
enhanced to Rs.18,150/-.
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12. It is on record that the deceased was survived by four
legal representatives, i.e., his widow and three children.
Therefore, all the legal representatives are entitled to get the
compensation under the head of Loss of consortium. Thus, in
view of the ratio of judgment rendered by the Hon'ble Apex
Court in the case of Magma General Insurance Company
Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in
(2018) 18 SCC 130, a sum of Rs.1,93,600/- (i.e., Rs.48,400/- X
4) is awarded under the head of Loss of Consortium.
13. It is on record that the accident in question took place
on 26.01.2011 and thereafter, Mr. Suryakant Gordhanbhai
Patel (deceased) was admitted into the hospital for treatment.
He remained hospitalized till his last breath on 13.02.2011.
However, the learned Tribunal had not awarded any amount
of compensation under the head of Pain, shock & sufferings.
Thus, considering the period of hospitalization and medical
treatment undergone by the deceased, a sum of Rs.20,000/- is
awarded under the head of Pain, shock & sufferings.
14. The learned Tribunal had awarded a sum of Rs.98,000/-
under the head of Medical treatment. The learned Tribunal
had awarded the said compensation on the basis of evidence
produced on record by way of medical bills. Therefore, no
interference is required under this head and accordingly, the
compensation awarded under the head of Medical treatment
is maintained.
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15. Therefore, in view of the above discussion, the original
claimants/appellants herein shall be entitled for the following
amount of compensation:-
Sr. Head Amount in rupees.
No.
1 Future Loss of 3,78,000/-
Dependency.
2 Loss of Consortium. (+) 1,93,600/-
3 Loss of Estate. (+) 18,150/-
4 Funeral Expenses. (+) 18,150/-
5 Pain, shock &
sufferings. (+) 20,000/-
6 Medical treatment. (+) 98,000/-
7 Total Compensation 7,25,900/-
Compensation awarded by
8 the learned Tribunal vide (-) 2,30,000/-
its impugned judgment and
award.
9 Enhanced amount of 4,95,900/-
Compensation
16. Therefore, in view of the above discussion, the original
claimants/appellants herein shall be entitled for an additional
compensation to the tune of Rs.4,95,900/- (Rupees Four Lakhs
Ninety Five Thousand Nine 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
claimants/appellants 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.
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17. Thus, In view of the above discussion, the impugned
judgment and award stands modified to the aforesaid extent
and the captioned appeal filed by the original claimants
stands partly allowed.
18. Respondent No.2 - 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 said amount, the learned Tribunal shall
disburse the entire awarded amount to the original claimants/
appellants herein (deducting deficit Court fee, if any), after
due verification.
19. 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.
20. Pending application, if any, stands disposed of,
accordingly.
(MOOL CHAND TYAGI, J)
ARUN.
