VINUBHAI BHIMSINH ZALAversusBHANU SINGH TIKAM SINGH RAO

      C/FA/2353/2024                                 JUDGMENT DATED: 06/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 2353 of 2024

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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             Approved for Reporting                  Yes          No

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                          VINUBHAI BHIMSINH ZALA & ANR.
                                      Versus
                       BHANU SINGH TIKAM SINGH RAO & ANR.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2
MR MANISH J PATEL(2131) for the Defendant(s) No. 1
MR NAGESH C SOOD(1928) for the Defendant(s) No. 2
MR RITESH B DAVE(2815) for the Defendant(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                 Date : 06/02/2026

                                ORAL JUDGMENT


(1)     Feeling aggrieved by and dissatis ed with the judgment and award
        dated 27.03.2024 passed by learned Motor Accident Claims Tribunal
        (Main), Kheda at Nadiad, (hereinafter referred to as "the Tribunal" for
        short), in Motor Accident Claim Petition No.633/2023, the appellants
        –original claimants preferred present appeal under Section 173 of the
        Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for
        short).

(2)     Heard Mr. Hiren Modi, learned Advocate for the appellants – original
        Claimants, Mr. Manish J. Patel, learned counsel for respondent No.1
        and Mr. Nagesh c. Sood, learned counsel for respondent No.2.

(3)     It is the case of the claimants that on 23.08.2023, deceased was
        walking in the side of the road and when she reached at the place of



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      C/FA/2353/2024                                      JUDGMENT DATED: 06/02/2026




        accident, one Eicher Truck bearing No.GJ 01 JT 5008 came in rash and
        negligent manner and hit the deceased from behind. As a result, the
        deceased got serious injuries and succumbed to it. Therefore, the
        claim petition was     led by the legal heirs of the deceased to get
        compensation      of   Rs.20,00,000/-      from    the    opponents.      After
        appreciating the evidence produced on record, the Tribunal awarded
        compensation of Rs.8,62,200/- along with cost and interest @ 7.5 %
        p.a.

(4)     The appeal is led on limited ground of quantum and no further issue
        qua liability or contributory negligence is challenged. Therefore,
        learned counsel for the claimant has mainly argued that, the Tribunal
        has erred in considering monthly income of the deceased as Rs.7500/-
        on notional basis as he was earning Rs.20,000/- p.m. Further, the
        Tribunal has also erred in not properly awarding compensation under
        other conventional heads and therefore, the same are required to be
        enhanced. Hence, he has prayed to allow the appeal as prayed for.

(5)     Learned counsel for respondent Nos.1 and 2 have jointly opposed the
        present appeal and contended that the Tribunal has not committed
        any error in considering income of the deceased and adequate
        compensation is awarded to the claimants. Hence, no interference is
        required by this Court.

(6)     Having considered the submissions made by learned counsel for the
        parties, it appears that the appeal is        led only on the aspect of
        quantum and liability is not challenged. The Insurance Company has
        not     led any cross-objection. Hence, this appeal is required to be
        decided on the aspect of quantum only. Alleged incident is not not in
        dispute. Involvement of the vehicle is also not in dispute. In order to
        prove the claim, the claimant has led an A@davit at Exh:12, FIR at
        Exh:21, Panchnama of scene of incident at Exh:22, Inquest
        Panchanama at Exh:23 and PM report at Exh:16. After appreciating


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        the evidence produced on record, the Tribunal held the oCending
        vehicle sole negligent relying on the decisions of the Bimla Devi Vs.
        HRTC reported in AIR 2009 SC 2819 and Parmeshwari Devi Vs.
        Amir Chand, reported in 2011 (11) SCC 635. Further, the age of the
        deceased was 52 years at the time of accident as per the Aadhar card
        produced at Exh:15/1.

(7)     As per the 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 in August, 2023 and during that time, as per the
        minimum wages, the income is required to be considered as
        Rs.11,750/-. Hence, the income of the deceased is reassessed as
        Rs.11,750/- per month. Further, the Tribunal has considered future
        prospective income of the deceased as 10 % and as the deceased was
        married and having husband and son, 1/3rd deduction as personal
        expenditure and living of the deceased and multiplier of 11 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.

(8)     Therefore, calculating the income of the deceased as Rs.11,750/- and
        future prospect of 10% = Rs.1,175/- which comes to Rs.12,925/- and
        1/3 amount is required to be deducted as personal expenditure and
        living of the deceased which comes to Rs.4,308/-, rounded to
        Rs.4,300/- and the net amount comes to Rs.8,625/-. In view of above,
        the amount under the head of loss of future dependency is required
        to be reassessed as Rs.8,625/- x 12 months x 11 multiplier =
        Rs.11,38,500/-. Therefore, the appellants are entitled to get
        additional amount of Rs.4,12,500/- under the head of future loss of



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         dependency.

(9)      Further, the Tribunal by relying on the judgment of National
         Insurance Company Ltd. Vs. Pranay Sethi, reported in 2017 (16)
         SCC 680 has awarded total Rs.33,000/- under the two conventional
         heads, however, this Court is of the view that amount is required to
         be reassessed as Rs.18,150/- towards loss of estate and Rs.18,150/-
         towards funeral expenses. Therefore, the appellants – original
         claimants are entitled for additional amount of Rs.3300/- (i.e.
         Rs.18,150/- - Rs.16,500/- = Rs.1650/- towards loss of estate and
         Rs.18,150/- - Rs.16,500/- = Rs.1650/- towards funeral expenses).

(10)     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 amount towards loss of
         consortium is reassessed as Rs.96,800/- for two claimants).

(11)     As discussed above, the appellants – original claimants are entitled to
         get compensation computed as under:-
                           Heads               Awarded by the        Reassessed by
                                                    Tribunal            this Court
                  Future loss of dependency        7,26,000/-          11,38,500/-
                  Loss of Estate                    16,500/-             18,150/-
                  Funeral expenses                  16,500/-             18,150/-
                  Loss of consortium                88,000/-             96,800/-
                  Medical expenses                  15,200/-             15,200/-
                  Total compensation               8,62,200/-          12,86,800/-


(12)     As Rs.8,62,200/- is already awarded by learned Tribunal, the
         appellants – original claimant is entitled to get additional amount of
         Rs.4,24,600/- (Rs.12,86,800/- - Rs.8,62,200/-) with proportionate costs
         and interest as awarded by the learned Tribunal.



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         C/FA/2353/2024                                                     JUDGMENT DATED: 06/02/2026




  (13)     Hence, present appeal is partly allowed. The judgment and award
           dated 27.03.2024 passed by learned Motor Accident Claims Tribunal
           (Main), Kheda at Nadiad, in Motor Accident Claim Petition
           No.633/2023stands modi ed to the aforesaid extent. Rest of the
           judgment and award remains unaltered. It is provided that
           respondent           No.2      shall     deposit        such      additional         amount         of
           Rs.4,24,600/- 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.

  (14)     The Tribunal is directed to recover or deduct the de cit court fees on
           enhanced amount and thereafter disburse the amount accordingly.
           Award to be drawn accordingly.




                                                                          (HASMUKH D. SUTHAR,J)

  SUCHIT



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 09/02/2026 14:55:06




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