High Court of Gujarat
MISHRABEN CHAMPAKBHAI LODHAversusPREMANAYADO KALKUNAYADO SIKLOR
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The compensation for loss of consortium, loss of estate and funeral expenses must be reassessed in line with Supreme Court precedent, resulting in an enhanced total award of Rs 11,27,740.
Summary
The appellants, legal heirs of the deceased Champakbhai, appealed a Motor Accident Claims Tribunal award of Rs 8,22,000 under Section 173 of the Motor Vehicles Act, 1988, alleging that the compensation for loss of consortium, loss of estate and funeral expenses was inadequately assessed. The Tribunal had held both drivers equally liable for the fatal collision that occurred on 27 Nov 2005. The appellants argued that, following Supreme Court rulings in Magma General Insurance Co. Ltd. v. Nanu Ram and Janabai v. ICICI Lambord Insurance, the amounts awarded per dependent should be substantially higher. The High Court accepted this contention, recalculating loss of consortium at Rs 48,400 per each of the seven dependents and increasing loss of estate and funeral expenses to Rs 18,150 each. Consequently, the Court enhanced the total compensation to Rs 11,27,740, an increase of Rs 3,05,740, and directed the insurance respondents to pay the revised sum with interest. The remainder of the Tribunal’s award was left unchanged. The appeal was therefore partly allowed.
Issues considered
- Whether the compensation awarded by the Motor Accident Claims Tribunal for loss of consortium, loss of estate and funeral expenses is adequate under the principles laid down by the Supreme Court.
- Whether the amounts per dependent should be revised in accordance with the Supreme Court decisions in Magma General Insurance Co. Ltd. v. Nanu Ram and Janabai v. ICICI Lambord Insurance.
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
motor accidentcompensationloss of consortiumloss of estatefuneral expensesMotor Vehicles ActSection 173insuranceappealSupreme Court precedent
Judgment
C/FA/2915/2022 JUDGMENT DATED: 17/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2915 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
√
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MISHRABEN CHAMPAKBHAI LODHA & ORS.
Versus
PREMANAYADO KALKUNAYADO SIKLOR & ORS.
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Appearance:
MR RAXIT J DHOLAKIA(3709) for the Appellant(s) No. 1,2,3,4,5,6,7,8
MR ARUNKUMAR R DAVE(8949) for the Defendant(s) No. 4
MS CHINMAYI M TRIVEDI(9002) for the Defendant(s) No. 3
MS DIMPLE A THAKER(6838) for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
MS SHARMISHTA A DAVE(8735) for the Defendant(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/02/2026
ORAL JUDGMENT
[1.0] Present First Appeal under Section 173 of the Motor Vehicles
Act, 1988 (for short “MV Act”) is ?led by the appellants – original
claimants challenging the impugned judgment and award dated
28.06.2019 by the learned Motor Accident Claims Tribunal (Auxi.), at
Deesa, District Banaskantha (for short “learned Tribunal”) in Motor
Accident Claim Petition No.2919 of 2009, whereby the learned
Tribunal was pleased to partly allow the claim petition and awarded
compensation of Rs.8,22,000/-.
[2.0] The brief facts leading to ?ling of present appeal is as follows:
[2.1] On 27.11.2005, the deceased Champakbhai (hereinafter
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C/FA/2915/2022 JUDGMENT DATED: 17/02/2026
referred to as “deceased”) was travelling in Jeep No.GJ-2K-10 and at
the place of accident, two vehicles namely Honda Accord No.HR-18-A-
3424 and Maruti Car No.GJ-8D-9217 came with excessive speed in rash
and negligent manner and both the vehicles dashed with the Jeep
which was stationary and thereby the accident occurred due to which
the deceased sustained serious fatal injuries and died on the next day.
Therefore, the appellants herein – original claimants – legal heirs and
representatives of the deceased ?led MACP No.2919/2009 seeking
compensation of Rs.10 lakh.
[2.2] After considering the evidence produced and adduced, the
learned Tribunal held the drivers of both the vehicles i.e. Honda
Accord and Maruti Car equally liable for the accident and ordered
original opponent Nos.1 to 4 to jointly and severally pay compensation
of Rs.8,22,000/- to the original claimants. However, the appellants
herein – original claimants being aggrieved with inadequate amount of
compensation have ?led the present appeal seeking enhancement of
compensation.
[3.0] Heard learned advocate Mr. Raxit Dholakia for the appellants,
learned advocate Ms. Dimple Thaker for respondent No.2 and learned
advocate Ms. Sharmishta Dave for respondent No.4.
[4.0] Since the appeal is ?led on limited ground of inadquate
compensation awarded under the conventional heads and as
involvement of vehicles, factum of accident and death of deceased,
negligence, liability and coverage of insurance is not in dispute,
present appeal is decided in narrow compass and is taken up for ?nal
disposal with the consent of learned advocates appearing for
respective parties.
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C/FA/2915/2022 JUDGMENT DATED: 17/02/2026
[5.0] The main contention of the learned advocate for the appellants
is that though there are seven dependents of the deceased, the
learned Tribunal has awarded only Rs.40,000/- towards loss of
consortium and Rs.15,000/- each towards loss of estate and funeral
expenses which is not as per the law settled 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.
[6.0] As the law in this regard is well settled by the Hon’ble Supreme
Court, no further discussion in this regard is called for and the amount
of compensation awarded under the conventional heads is required to
be reassessed and there being seven dependents of the deceased, the
original claimants are entitled to Rs.3,38,800/- (Rs.48,400 x 7) towards
loss of consortium and Rs.18,150/- each under the heads of loss of
estate and funeral expenses in view of decision of Hon’ble Supreme
Court in the case of Nanu Ram (Supra) and Janabai Wd/o. Dinkarrao
Ghorpade & Ors. (Supra).
[7.0] Thus, now the appellants – original claimants are entitled to the
compensation as under:
Heads Awarded by Reassessed by this Court
Tribunal
Future loss of Rs.7,52,640/- Rs.7,52,640/-
dependency
Loss of Consortium Rs.40,000/- Rs.3,38,800/-
including additional
amount of Rs.2,98,800/-
Loss of Estate Rs.15,000/- Rs.18,150/-
including additional
amount of Rs.1,650/-
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C/FA/2915/2022 JUDGMENT DATED: 17/02/2026
Funeral Expenses Rs.15,000/- Rs.18,150/-
including additional
amount of Rs.1,650/-
Total Rs.8,22,640/- Rs.11,27,740/-
Compensation Rounded o@ to including additional
Rs.8,22,000/- amount of Rs.3,05,740/-
Thus, ?nal total compensation of Rs.8,22,000/- as awarded by
the learned Tribunal is on lower side, for the reasons recorded
hereinabove, and therefore, same is required to be enhanced to the
aforesaid extent i.e. Rs.11,27,740/-. Hence, appellants – original
claimants are entitled to get additional enhanced compenation of
Rs.3,05,740/- (Rs.11,27,740 – Rs.8,22,000). Therefore, the impugned
judgment and award passed by the learned Tribunal is modi?ed to the
aforesaid extent.
[8.0] In wake of aforesaid conspectus, present First Appeal is partly
allowed. The impugned judgment and award dated 28.06.2019 by the
learned Motor Accident Claims Tribunal (Auxi.), at Deesa, District
Banaskantha in Motor Accident Claim Petition No.2919 of 2009 is
modi?ed and it is held that the appellants – original claimants are
entitled to reassessed compensation of Rs.11,27,740/- to be paid by
the respondent Nos.2 and 4 – insurance companies alongwith accrued
interest at the rate of 7.5% per annum, with the learned Tribunal
within a period of FOUR WEEKS from the date of receipt of the
present judgment. Rest of the impugned judgment and award remains
unaltered.
[8.1] After the aforesaid amount of enhanced compensation is
deposited by the insurance companies, learned Tribunal is directed to
disburse the entire amount (as awarded by the learned Tribunal)
alongwith the enhanced amount of compensation as well as earlier
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C/FA/2915/2022 JUDGMENT DATED: 17/02/2026
deposited amount, if any, with accrued interest thereon, if any, to the
original claimants, by account payee cheque / NEFT / RTGS, after
proper veri?cation and after following due procedure.
[8.2] While making the payment, the Tribunal shall deduct the courts
fees, if not paid.
[9.0] Record and proceedings, if any, be sent back to the concerned
Tribunal, forthwith.
Sd/-
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/02/2026 16:21:55
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