MADHUBEN WD/O NARENDRASINHversusHIMMATSINH DHIRSINH BARIA

      C/FA/1276/2025                              JUDGMENT DATED: 22/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 1276 of 2025


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

==============================================

              Approved for Reporting              Yes          No

==============================================
             MADHUBEN WD/O NARENDRASINH & ORS.
                               Versus
               HIMMATSINH DHIRSINH BARIA & ORS.
==============================================
Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4,5
MR DHAIRYAWAN D BHATT(11817) for the Defendant(s) No. 3
NOTICE SERVED for the Defendant(s) No. 1
UNSERVED EXPIRED (N) for the Defendant(s) No. 2
==============================================
     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 22/01/2026

                               ORAL JUDGMENT

1)      Feeling aggrieved and dissatisfied with the judgment and award

         dated 07.12.2022 passed by learned Motor Accident Claims

         Tribunal (Auxi.), Dahod at Limkheda (which shall hereinafter be

         referred to as "the Tribunal" for short), in Motor Accident Claim

         Petition No.81 of 2019, the appellants – original claimants have

         preferred the present appeal under Section 173 of the Motor

         Vehicles Act, 1988 (which shall hereinafter be referred to as "the

         Act" for short).


2)      Heard Mr. N. A. Bhalodi, learned Advocate for the appellants –

         original Claimants and Mr. D. D. Bhatt, learned Advocate for




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     C/FA/1276/2025                                               JUDGMENT DATED: 22/01/2026




        respondent – Insurance Company. Perused the original record and

        proceedings.


3)     It is the case of the appellants that on 05.03.2019 the deceased

        Narendrasinh Prabhatsinh Chauhan, (who shall hereinafter be

        referred to as “deceased”) was going by walking on the side of the

        road and while he was passing from the place of the accident at

        that time the opponent no.1 came with the Tractor bearing Reg.

        No.GJ-20-N-5804, in rash and negligent manner and dashed with

        the said vehicle with the deceased. As a result of which the

        deceased      sustained     grievous    injuries          and    succumbed       to     it.

        Therefore,     the   appellants     had           filed    MAC     Petition    seeking

        compensation, wherein, the learned Tribunal after appreciating the

        evidence produced on record has partly allowed the claim petition.


4)     The appeal is filed on limited ground that the learned Tribunal has

        not considered minimum wages of prevalent time and also not

        considered consortium to each appellants due to which the

        appellants suffered loss.


5)     As challenge is given only qua income and consortium hence the

        appeal is required to be decided in narrow compass. The learned
        Tribunal has considered the evidence on record and relied on the

        judgment in the cases of Bimla Devi Vs. H.R.T.C, reported in AIR

        2009 SC 2819, and Parmeshwari Devi Vs. Amir Chand,

        reported in 2011 (11) SCC 635, and appreciated the evidence

        based on preponderance of probabilities. The claimant no.1 has

        tendered the affidavit at Exhibit 22, wherein, all the facts of the

        accident      have   been    narrated        in     the     chief-examination          and

        supported the claim petition and relied on the FIR at Exhibit 23,

        panchnama at Exhibit 24, driving license at Exhibit 27. As per the



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     C/FA/1276/2025                                     JUDGMENT DATED: 22/01/2026




        law laid down by the Hon’ble Supreme Court in the case of Govind

        Yadav Vs. National Insurance Co. Ltd., reported in 2012(1)

        TAC 1 (SC), that if no proof of income is produced on the record

        then Tribunal has to consider prevalent minimum wages in absence

        of evidence of monthly income of the deceased. In the present case

        the accident occurred on 05.03.2019 and during that time the

        deceased was doing masonry work and was earning Rs.10,000/-,

        whereas, the Tribunal has assessed the income of the deceased as

        Rs.3,500/- per month which is required to be enhanced as per the

        rate of minimum wages and hence, the income of the deceased is

        reassessed as Rs.8,200/- per month. Further, as the deceased

        was aged 50 years at the time of accident on the basis of which the

        learned Tribunal has considered future prospective income as 25%

        and as the deceased was having 5 dependents 1/4 deduction

        towards personal and living expenses of the deceased and

        multiplier of 13 were considered by the learned Tribunal as per the

        judgment of the Apex Court in the case of Sarla Verma (Smt) &

        Ors. Vs. Delhi Transport Corporation & Anr. [2009 (6) SCC

        121] which are just and proper.


6)     Therefore, recalculating the income of the deceased as Rs.8,200/-

        and future prospect of 25% = Rs.2,050/- which comes to

        Rs.10,250/- and 1/4 amount is required to be deducted towards

        personal      living   expenses   of   the   deceased   which     comes      to

        Rs.2,562/- and the net amount comes to Rs.7,688/-. In view of

        above the amount under the head of loss of dependency is required

        to be reassessed as Rs.7,688/- x 12 x 13 = Rs.11,99,328/-.

        Therefore, the appellants are entitled to get additional amount of

        Rs.6,87,453/- under the head of loss of dependency.




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     C/FA/1276/2025                                JUDGMENT DATED: 22/01/2026




7)     Further, the learned Tribunal by relying on the judgment of

        National Insurance Company Ltd. Vs. Pranay Sethi, reported

        in 2017 ACJ 2700, has awarded total Rs.70,000/- under the three

        conventional heads, however, this Court is of the view that amount

        is required to be reassessed as Rs.18,150/- towards loss of estate,

        Rs.18,150/- towards funeral expenses. Therefore, the appellants –

        original claimants are entitled for additional amount of Rs.6,300/-

        (i.e. Rs.18,150/- - Rs.15,000/- = Rs.3,150/- towards loss of estate

        and Rs.18,150/- - Rs.15,000/- = Rs.3,150/- towards funeral

        expenses).


8)     Further, in view of ratio laid down by the Hon’ble Supreme Court in

        the case of Magma General Insurance Co. Ltd., Vs. Nanu Ram,

        reported in (2018) 18 SCC 130 and Janabai Wd/o Dinkarrao

        Ghorpade & Ors., Vs M/s ICICI Lambord Insurance Company

        Ltd., reported in 2022 LiveLaw (SC) 666, the learned Tribunal

        has committed error in awarding only Rs.40,000/- towards loss of

        consortium, however, in view of above judgments the appellants –
        original claimants being legal heirs of the deceased they are

        entitled      for Rs.48,400/- each towards the head         of loss of

        consortium. Therefore, the amount towards loss of consortium is

        reassessed as Rs.2,42,000/- (i.e. Rs.48,400/- X 5). Therefore, the

        appellants are entitled for additional amount of Rs.2,02,000/-

        under the head of loss of consortium.


9)     As discussed above, the appellants – original claimants are entitled

        to get compensation computed as under:


                   Heads          Awarded by      Reassessed by this Court
                                   Tribunal
           Loss of dependency    Rs.10,80,000/-       Rs.11,99,328/-
                                                    including additional



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      C/FA/1276/2025                                          JUDGMENT DATED: 22/01/2026




                                                             amount of Rs.6,87,453/-

               Loss of estate          Rs.15,000/-                 Rs.18,150/-
                                                               including additional
                                                              amount of Rs.3,150/-
             Funeral expenses          Rs.15,000/-                 Rs.18,150/-
                                                               including additional
                                                              amount of Rs.3,150/-

            Loss of consortium         Rs.40,000/-                Rs.2,42,000/-
                                                               including additional
                                                             amount of Rs.2,02,000/-
                                                                (Rs.48,400/- X 5)

            Total compensation        Rs.5,81,875/-               Rs.14,77,628/-
                                                             including total additional
                                                             amount of Rs.8,95,753/-


10)     In view of above, as the Tribunal has awarded total compensation

         of Rs.5,81,875/-, however, as discussed above the appellants are

         entitled      to   get      additional       amount       of     Rs.8,95,753/-

         (Rs.14,77,628/- - Rs.5,81,875/-) with proportionate costs and

         interest as awarded by the learned Tribunal.


11)     So far the interest on the enhanced amount is concerned, pursuant

         to the order dated 09.04.2025 passed by the Co-ordinate Bench of

         this Court, the appellants are not entitled to claim interest on the

         said enhanced amount for the period of 663 days.


12)     Hence, present appeal is partly allowed. The judgment and award

         dated 07.12.2022 passed by learned Motor Accident Claims

         Tribunal (Aux.), Dahod at Limkheda, in MAC Petition No.81 of 2019

         stands modified to the aforesaid extent. Rest of the judgment and

         award      remains unaltered. The respondent no.3 - Insurance

         Company        shall     deposit   the       said    additional     amount        of

         Rs.8,95,753/- along with interest as awarded by the Tribunal,

         before the Tribunal within a period of four weeks from the date of


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        C/FA/1276/2025                                                             JUDGMENT DATED: 22/01/2026




            receipt of this order. Record and proceedings be remitted back to

            the concerned Tribunal forthwith.


 13)        The learned Tribunal is directed to recover or deduct the deficit

            court fees on enhanced amount and thereafter disburse the amount

            accordingly.


 14)        Award to be drawn accordingly.




                                                                               (HASMUKH D. SUTHAR,J)
 ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 23/01/2026 16:29:28




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