High Court of Gujarat
SANGITABEN VIKRAMSINH ZALAversusRIYAZBHAI ANWARBHAI VAHORA
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Tribunal’s award was insufficient and the Court modified the compensation, increasing amounts for loss of estate, funeral expenses, and loss of consortium, thereby allowing the appeal.
Summary
The appellants, heirs of the deceased Vikramsinh Zala, appealed a Motor Accident Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988, alleging inadequate compensation for loss of estate, funeral expenses, and loss of consortium. The accident involved a collision between the deceased’s truck and two other vehicles, resulting in his death. The Tribunal had awarded Rs.15,00,000‑plus, granting only Rs.15,000 each for loss of estate and funeral expenses and Rs.40,000 for loss of consortium. The High Court, relying on precedents such as National Insurance Co. v. Pranay Sethi and Magma General Insurance v. Nanu Ram, recalculated the appropriate amounts, increasing loss of estate and funeral expenses to Rs.18,150 each and loss of consortium to Rs.48,400 per heir (total Rs.1,93,600). Consequently, the Court ordered an additional Rs.1,59,900 to be paid with interest and costs, modifying the Tribunal’s award while leaving other parts unchanged.
Issues considered
- Did the Motor Accident Claims Tribunal err in assessing compensation for loss of estate, funeral expenses, and loss of consortium under the Motor Vehicles Act, 1988?
- Should the compensation amounts be revised in accordance with established Supreme Court precedents?
- Is the appeal under Section 173 of the Motor Vehicles Act maintainable and appropriate for modifying the award?
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
Motor Accident ClaimCompensationLoss of EstateFuneral ExpensesLoss of ConsortiumSection 173Motor Vehicles ActAppealDamage Assessment
Judgment
C/FA/497/2024 JUDGMENT DATED: 09/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 497 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
==============================================
Approved for Reporting Yes No
==============================================
SANGITABEN VIKRAMSINH ZALA & ORS.
Versus
RIYAZBHAI ANWARBHAI VAHORA & ORS.
==============================================
Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4,5
MASUMI V NANAVATY(9321) for the Defendant(s) No. 6
MR IMTIYAZ I MANSURI(9159) for the Defendant(s) No. 1,2
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 8
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 6
RULE SERVED for the Defendant(s) No. 3,4,5,7
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 09/01/2026
ORAL JUDGMENT
1) Feeling aggrieved and dissatisfied with the judgment and award
dated 09.03.2021 passed by learned Motor Accident Claims
Tribunal (Auxi.), Kheda at Nadiad (which shall hereinafter be
referred to as "the Tribunal" for short), in Motor Accident Claim
Petition No.618 of 2018, 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
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C/FA/497/2024 JUDGMENT DATED: 09/01/2026
Act" for short).
2) It is the case of the appellants that on 01.05.2018, the deceased
Vikramsinh Zala was plying Truck bearing Reg. No.GJ-07-YZ-1507
and when he reached near the place of accident, the opponent no.1
came driving Truck bearing Reg. No.GJ-09-Z-4913, in rash and
negligent manner and dashed with the Truck of the deceased and
the opponent no.4 dashed his vehicle Chhota Hathi bearing Reg.
No.GJ-07-UU-6816 with Truck of the deceased from behind as a
result of which deceased sustained serious injuries and ultimately
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.
3) The appeal is filed on limited ground that the learned Tribunal has
committed error by not granting adequate compensation towards
loss of consortium, loss of estate and funeral expenses to the
appellants.
4) As challenge is given only qua inadequate amount awarded under
three conventional heads hence the appeal is required to be
decided in narrow compass. Perusing the impugned judgment it
reveals that the learned Tribunal has committed error by awarding
only Rs.70,000/- under conventional heads. Therefore, in view of
the judgment of National Insurance Company Ltd. Vs. Pranay
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C/FA/497/2024 JUDGMENT DATED: 09/01/2026
Sethi, reported in 2017 ACJ 2700, 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). 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.1,93,600/- (i.e.
Rs.48,400/- X 4). Therefore, the appellants are entitled for
additional amount of Rs.1,53,600/- towards loss of consortium.
5) As discussed above, the appellants – original claimants are entitled
to get compensation computed as under:
Heads Awarded by Reassessed by this Court
Tribunal
Future loss of Rs.14,33,664/- Rs.14,33,664/-
dependency
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C/FA/497/2024 JUDGMENT DATED: 09/01/2026
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.1,93,600/-
including additional
amount of Rs.1,53,600/-
(Rs.48,400/- X 4)
Total compensation Rs.15,03,664/- Rs.16,63,564/-
including total additional
amount of Rs.1,59,900/-
6) In view of above, as the Tribunal has awarded total compensation
of Rs.15,03,664/- , however, as discussed above the appellants are
entitled to get additional amount of Rs.1,59,900/-
(Rs.16,63,564/- - Rs.15,03,664/-) with proportionate costs and
interest as awarded by the learned Tribunal.
7) Hence, present appeal is allowed. The judgment and award dated
09.03.2021 passed by learned Motor Accident Claims Tribunal
(Aux.), Kheda at Nadiad , in MAC Petition No.618 of 2018 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.1,59,900/- 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.
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C/FA/497/2024 JUDGMENT DATED: 09/01/2026
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 12/01/2026 17:51:47
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