High Court of Gujarat
RAM SAVRAJ SHAKHRAversusPUNSHI PALU CHARAN
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that, in accordance with the Supreme Court’s decision in Master Mallikarjun, a compensation of Rs 3 lakh is payable for a disability of 17%, and therefore the Tribunal’s award must be enhanced by Rs 96,000.
Summary
The appellant, a 14‑year‑old who suffered a 17% permanent disability in a motor‑vehicle accident on 19‑08‑2013, appealed the Motor Accident Claims Tribunal’s award of Rs 2,04,000 compensation (plus Rs 4,15,000 medical expenses) under the Motor Vehicles Act, 1988. The appeal was limited to the contention that the Tribunal erred by not applying the Supreme Court’s guideline in Master Mallikarjun, which mandates a compensation of Rs 3 lakh for disabilities between 10% and 30% of the whole body. The High Court examined the statutory provision and the precedent, held that the guideline was binding, and ordered the compensation to be increased by Rs 96,000 to Rs 3 lakh, leaving the medical expense award unchanged. The Court directed the insurer to pay the additional amount with interest and adjusted court fees accordingly. The rest of the Tribunal’s award was left intact.
Issues considered
- What is the correct quantum of compensation for a child with 17% permanent disability under the Motor Vehicles Act, 1988?
- Whether the Tribunal erred in not applying the Supreme Court’s ratio in Master Mallikarjun regarding compensation for disabilities between 10% and 30%?
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
Motor Accident Claims TribunalCompensationPermanent disabilityChild victimMotor Vehicles ActSection 173Supreme Court precedentAward enhancement
Judgment
C/FA/1770/2022 JUDGMENT DATED: 08/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1770 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
==============================================
Approved for Reporting Yes No
==============================================
RAM SAVRAJ SHAKHRA
Versus
PUNSHI PALU CHARAN & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1
KRUPALI N BHATT(9455) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/01/2026
ORAL JUDGMENT
1) Feeling aggrieved and dissatisfied with the judgment and award
dated 04.04.2022 passed by learned Motor Accident Claims
Tribunal (Main), Kachchh at Bhuj (which shall hereinafter be
referred to as "the Tribunal" for short), in Motor Accident Claim
Petition No.365 of 2013, the appellant – original claimant has
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. H. M. Modi, learned Advocate for the appellant – original
Claimant and Ms. K. N. Bhatt, learned Advocate for respondent –
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C/FA/1770/2022 JUDGMENT DATED: 08/01/2026
Insurance Company. Perused the original record and proceedings.
3) It is the case of the appellant that on 19.08.2013 the applicant and
his brother were travelling on the motorcycle and were going to
their home from agricultural farm, when they reached near the
place of accident the brother of the applicant parked the motorcycle
on the extreme left side of the road and at that time the driver of
Auto-Rickshaw D Van bearing Reg. No.GJ-01-BX-9478, came in
rash and negligent manner and hit the applicant who was standing
near motorcycle. As a result of which the applicant sustained
serious injuries which later resulted into permanent partial
disablement. Therefore, the appellant has filed MAC Petition
seeking compensation, wherein, the learned Tribunal after
appreciating the evidence has partly allowed the claim petition.
4) The appeal is filed on limited ground that the learned Tribunal has
committed error by allowing Rs.1,54,000/- towards future loss of
income, Rs.20,000/- towards PSS, Rs.10,000/- towards attendant
charges, transportation and rich diet and Rs.20,000/- towards
transportation charges, however, as injured was minor i.e. 14 years
old at the time of accident who suffered 17% disability body as a
whole the learned Tribunal ought to have passed the award for
compensation of Rs.3,00,000/- in light of the case of Master
Mallikarjun vs. Divisional Manager, The National Ins. Co.
Ltd., reported in (2014) 14 SCC 396. Further, medical expenses
of Rs.4,15,000/- is awarded by the Tribunal is also required to be
considered over and above the said amount.
5) It is undisputed fact that the factum of incident and disability
remained unchallenged and the limited challenge is given in the
present appeal is that though minor has sustained 17% disability
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C/FA/1770/2022 JUDGMENT DATED: 08/01/2026
amount of Rs.2,04,000/- is awarded under different heads which is
required to be awarded Rs.3,00,000/- as per the judgment of the
Hon’ble Apex Court in case of Master Mallikarjun (supra) in para
12 held which reads as under:
“Though it is difficult to have an accurate assessment of the
compensation in the case of children suffering disability on
account of a motor vehicle accident, having regard to the
relevant factors, precedents and the approach of various
High Courts, we are of the view that the appropriate
compensation on all other heads in addition to the actual
expenditure for treatment, attendant, etc., should be, if the
disability is above 10% and upto 30% to the whole body,
Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and
above 90%, it should be Rs.6 lakhs. For permanent disability
upto 10%, it should be Rs.1 lakh, unless there are
exceptional circumstances to take different yardstick.”
6) Herein the disability is more than 10% and for the permanent
disability upto 10% which is required to be awarded Rs.1 lakh as
body as whole if the disability is above 10% upto 30% then Rs.3
lakhs is required to be awarded. In view of above without
discussing further about the merits and factum of accident as
limited challenge is given in the present appeal the awarded
compensation of Rs.2,04,000/- is enhanced to Rs.3,00,000/-.
Whereas, the amount of Rs.4,15,000/- towards medical expense as
awarded by the Tribunal is just and proper. Therefore, the appellant
is entitled to receive additional amount of Rs.96,000/- with
proportionate costs and interest as awarded by the learned
Tribunal.
7) Hence, present appeal is allowed. The judgment and award dated
04.04.2022 passed by learned Motor Accident Claims Tribunal
(Main), Kachchh at Bhuj , in MAC Petition No.365 of 2013 stands
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C/FA/1770/2022 JUDGMENT DATED: 08/01/2026
modified to the aforesaid extent. Rest of the judgment and award
remains unaltered. The respondent No.3 – Insurance Company
shall deposit said additional amount of Rs.96,000/- along with
interest as awarded by the Tribunal, before the Tribunal within a
period of four weeks from the date of receipt of this order. Record
and proceedings be remitted back to the concerned Tribunal
forthwith.
8) The learned Tribunal is directed to recover or deduct the deficit
court fees on enhanced amount and thereafter disburse the amount
accordingly.
9) 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 08/01/2026 17:57:41
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