Gujarat High Court
Doshi Vinaben Hasmukhlal vs Shekh Vasimmiya Sabirmiya on 8 April, 2026
NEUTRAL CITATION
C/FA/405/2015 JUDGMENT DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 405 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE --Sd/-
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Approved for Reporting No Yes
No
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DOSHI VINABEN HASMUKHLAL
Versus
SHEKH VASIMMIYA SABIRMIYA & ORS.
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Appearance:
MR DA SANKHESARA(5955) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 08/04/2026
ORAL JUDGMENT
1. Heard Mr. Shahin J. Patel, learned advocate appearing on behalf of Mr. D.A. Sankhesara, learned advocate on record for the appellant. Mr. H.G. Mazmudar, learned advocate, has appeared on behalf of respondent no.3 - the insurance company.
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NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined
2. Despite the service of notice of rule of admission upon respondent nos.1 and 2, who are the driver and owner of the vehicle involved in the accident, having chosen not to enter any appearance, they have as such not contested the present appeal. With the able assistance of learned advocates on record for the respective parties, the appeal is finally heard.
3. The present appeal is filed under Section 173 of the Motor Vehicles Act, 1988, at the instance of the original claimant, being aggrieved and dissatisfied with the judgment and award dated 31st January, 2014, passed by the Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar, in Motor Accident Claim Petition no.251 of 2011. By the said impugned judgment and award the Tribunal has, though partly allowed the claim petition preferred by the original claimant herein under Section 166 of the Act, 1988, holding her entitled to seek recovery of a sum of Rs.5,85,598/- with interest at the rate of 8% per annum from the date of filing of such application till its realization together with proportionate costs of the petition, from the original opponent nos.1 to 3, jointly and severally, however, has not entertained the entire claim of compensation of Rs.10,00,000/- as prayed Page 2 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined for. Hence, the present appeal at the instance of the original claimant praying for enhancement of the amount of compensation of Rs.5,00,000/- additionally, with interest and costs.
4. Learned advocate appearing for the appellant has assailed the impugned judgment and award mainly on the issue of the quantum of compensation by submitting that the Tribunal failed to appreciate the peculiar facts of the case. It was submitted that though the Tribunal has accepted the case of the claimant that she was a retired teacher and was getting a pension, it has disbelieved the case of the claimant of earning an income of Rs.10,000/- by conducting tuition classes. Reliance was placed on the evidence of the claimant, whose evidence has been recorded at Exh.41. Assailing the findings and reasons assigned by the Tribunal, the learned advocate has submitted that the Tribunal ought to have taken note of the fact that, indisputably, the claimant was also a housewife. Merely because she had reached the retirement age, the Tribunal failed to consider the prospective income of the claimant and the future loss of income suffered by the claimant on account of the accident. It was further Page 3 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined submitted that cogent material in the nature of medical case papers and the disability certificate, as well as the medical expert, have been examined. The Tribunal, upon appreciation of such evidence, though has assessed the disability of the claimant as 100% of the body as a whole, however, has taken into consideration the Second Schedule appended to the Motor Vehicles Act for the purpose of determination of future loss of income by applying a multiplier of 5. Learned advocate has therefore urged this Court to redetermine the future loss of income.
4.1 As regards the amount of compensation awarded under the head of pain, shock and suffering, the attention of this Court was invited to the disability certificate of the claimant produced on record at Exh.48. Reliance was also placed on the oral evidence of the medical expert viz. Dr. Nilesh K. Acharya, who has been examined as a witness and whose evidence has been recorded at Exh.47. Considering the complexity of the injuries sustained by the claimant, whereby she has been left in a paralyzed condition, totally bedridden, and having suffered post-traumatic condition having survived for almost 16 years so far, the learned advocate has urged this Page 4 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined Court to award an appropriate amount of compensation under the head of pain, shock, and suffering. Enhancement was also sought under the head of attendant charges separately, on the ground that considering the fact that she had suffered paralysis of the lower body and being completely bedridden, considering her age, the Tribunal ought to have drawn an inference that a special attendant was required to be engaged to take care of her for 24 hours. Reliance was placed on the multiplier system to be considered for the purpose of computation of such compensation under the head of attendant charges.
4.2 Lastly, the learned advocate has urged this Court to enhance the amount of compensation under the head of actual loss of income as well as under the head of transportation and special diet, considering the peculiar facts of the case. He has therefore prayed to allow the appeal and to award interest on the enhanced amount of compensation.
5. Learned advocate appearing for respondent no.3 - the insurance company, has objected to the aforesaid submissions made by the learned advocate for the appellant - the original claimant. Reliance was placed on the findings and reasons Page 5 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined assigned by the Tribunal, which according to the learned advocate, have rightly been assigned in the facts of the case. Considering the evidence brought on record, no error can be found with the approach of the Tribunal in adopting a multiplier of 5 and referring to the Second Schedule of the Motor Vehicles Act while determining future loss of income. 5.1 As regards the enhancement sought towards pecuniary damages, the learned advocate has urged to pass an appropriate order in the facts and circumstances of the case that may be just and reasonable.
6. I have heard the learned advocates appearing for the respective parties and also perused the findings and reasons assigned by the Tribunal. I have carefully considered the evidence brought on record by the claimant. The short question which arises for consideration of this Court in the present appeal is as to whether the Tribunal committed any error in facts or in law in determining the compensation of Rs.5,85,598/- with interest at the rate of 8% per annum from the date of filing of the claim petition till its actual realization, to be realized from the original opponent nos.1 to 3 jointly and Page 6 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined severally, while deciding the claim petition preferred under Section 166 of the Motor Vehicles Act, 1988.
7. At the outset, it is required to be noted that the foundational facts, which are the occurrence of the accident, the manner in which the accident had taken place, the involvement of the vehicle, the injuries sustained by the claimant due to the motor vehicle accident, the issue of negligence, and the liability of the insurance company determined by the Tribunal, being not challenged by way of filing an appeal or cross-objections at the instance of the original opponents, have attained finality.
8. Considering the aforesaid foundational facts, as regards the quantum of compensation which is sought to be reconsidered, if one looks at the evidence of the original claimant, it has transpired on record that the claimant is a retired teacher. In her cross-examination, she has admitted that no corroborative evidence has been brought on record indicating her income as Rs.10,000/- at the time of the accident. She has also admitted that she has not maintained any register with regard to the students who used to attend Page 7 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined her tuition classes. She has also admitted the fact that as a retired teacher, she is receiving a pension.
9. With such evidence on record, the Tribunal has proceeded with multiplier of 5 and Second Schedule of the Motor Vehicle Act, for the purpose of determination of future loss of income. At this stage, it is required to be noted that in motor accident cases involving a housewife, the Court has considered notional income of Rs.3,000/- for the purpose of ascertaining future loss of income. In the case of Arun Kumar Agrawal Vs. National Insurance Company Ltd., reported in (2010) 9 SCC 218, the Hon'ble Supreme Court highlighted that the contribution made by a wife to the household is invaluable and cannot be computed solely in terms of money. The Court considered the gratuitous services rendered by wife and at the same time managing the household affairs, which cannot be equated with services rendered by others. Hence, fixed the notional income of wife as Rs.3,000/-. The aforesaid principles have been reiterated by the Supreme Court in its subsequent decision in case of Kirti & Anr. Vs. Oriental Insurance Company Ltd., reported in (2021) 2 SCC 166, thereby holding that while calculating notional income Page 8 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined involving the homemaker, the Courts are required to bear in mind their invaluable role towards the family to arrive at fair and just compensation. The Courts therefore negated the general notion prevailing that homemakers do not contribute an economic value to the society and does not share the same pedestal to that of bread earner. Applying the aforesaid principles in the facts of the case even considering the fact that the claimant was a retired teacher and pensioner at the time of the accident, in absence of any source of income being established, though pleaded, the Tribunal ought to have considered the fact that apart from being a retired teacher, she still continued to be a homemaker and considering her contribution to her family, the notional income of the claimant was required to be appreciated accordingly.
10. For the reasons recorded, in my view, the notional income of the claimant is redetermined as Rs.3,000/- instead of the Rs.2,000/- as fixed by the Tribunal. It is an undisputed fact that the claimant was a retired teacher and pensioner at the time of the accident. Considering the age of the claimant of 63 years, as determined by the Tribunal, the Hon'ble Supreme Court in case of National Insurance Company Ltd., Page 9 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined Vs. Pranay Sethi and others reported in (2017) 16 SCC 680 has laid down a thumb rule that there will be no addition after 60 years towards future rise as observed in para 58. Following the aforesaid principles, in my view, no error can be found with the approach of the Tribunal in following Second Schedule of the Act of 1988 for the purpose of determination of just compensation.
11. Considering the medical case papers including the disability certificate and the evidence of medical expert being examined as witness, the claimant has established that due to injury sustained by her in the motor vehicle accident, the lower body of the claimant has been paralyzed and she is completely bedridden. The Tribunal has therefore, rightly appreciated the evidence on record by treating it as a case of 100% disability. Considering the aforesaid components, the future loss of income is redetermined as Rs.3,000/- x 12 x 100% = Rs.36,000/-. Considering the beneficial legislation and the Second Schedule appended to the Act of 1988 being subsequently amended, the multiplier of 7 is adopted instead of 5. Thus, the future loss of income is redetermined as Rs.36,000/- x 7 = Rs.2,52,000/-.
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12. As regards the enhancement of amount of compensation prayed for under the actual loss is concerned, for the reasons recorded, the income of the claimant being determined as Rs.3,000/- per month, the actual loss of income is redetermined as Rs.3,000/- x 6 months = Rs.18,000/-.
13. The enhancement of compensation prayed for under the head of pain, shock and suffering is concerned, it would be appropriate to revisit the observations made by the Hon'ble Supreme Court in the case of Sri Benson Vs. Reliance General Insurance Co. Ltd., reported in (2022) 13 SCC 142. The facts of the case suggests that the victim of the accident was aged 29 years and having suffered grievous brain injuries, despite multiple operations being performed and prolonged period of hospitalization, he had still continued in coma. The Court observed that the pain suffering and trauma suffered by the injured cannot be compensated in terms of money. Considering the fact that the claimant was in coma for substantial period of long years and permanently bedridden during his entire life, had awarded amount of compensation under the head of pain, shock and suffering of Rs.2,00,000/-. Considering the aforesaid principles in the fact of the case, Page 11 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined the claimant has suffered motor accident at the age of 63 years and has been bedridden for almost 16 years having fortunately survived, however, with such medical condition, she still continues to bear the mental and physical agony of being completely paralysed and confined to bed. The claimant is therefore held entitled to enhanced amount of compensation under the head of pain, shock and suffering of Rs.1,00,000/-. As regards the medical bills being proved by the claimant worth Rs.4,03,598/-, the same being not controverted, is hereby confirmed.
14. This brings me to the enhancement of amount of compensation sought for under the head of special diet, attendant charges and transportation expenses (SAT) are concerned, it is required to be noted that because of the accidental injuries, the disability certificate clearly suggest that the claimant is unable to stand, walk even with the aid of any application or help of the family or any person. She is totally bedridden. It has been submitted by the learned advocate for the appellant - original claimant that though she has a son and a daughter in the family, however, she is residing alone at this age without any source of livelihood. Page 12 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026
NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined Noticing the aforesaid medical conditions and her age presently as 78 years, it cannot be ruled-out that she will be completely dependent on a person to take care of her to attend her daily chores. Indisputably, the appellant has suffered from paraplegia on account of accident and requires an attendant throughout the day. Considering the aforesaid indisputable circumstances evident from the record, in the peculiar facts of the case, it would be appropriate to quantify the amount of compensation towards the attendant charges distinctly. Considering the minimum wages prevailing as on the date of accident, which is indisputably 11 th November, 2010, it would be appropriate to apply multiplier system in the facts of the case. On careful consideration of the rates of minimum wages notified by the State of Gujarat during the period between 1st October 2011 to 31st March, 2012, the rates of minimum wages in case of skilled workmen was Rs.4,712/-. Applying the multiplier of 5, the attendant charges are determined as Rs.4,710/- x 12 x 15 = Rs.2,82,600/-. The amount of compensation towards special diet and transportation expenses are determined as Rs.50,000/-
15. For the reasons recorded, the total amount of Page 13 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined compensation is redetermined as under :-
Sr. Particular Amount Enhanced
no. awarded by the amount
Tribunal
1. Future Loss of Income Rs.1,20,000/- Rs.2,52,000/-
2. Actual Loss of Income Rs.12,000/- Rs.18,000/-
3. Special Diet, attendant and Rs.25,000/- Rs.3,32,600/-
transport charges (Rs.50,000/-
special diet &
transportation)
(Rs.2,82,600/-
attendant
charges)
4. Pain, Shock, & Suffering Rs.25,000/- Rs.1,00,000/-
5. Medical Bills Rs.4,03,598/- Rs.4,03,598/-
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Total :- Rs.5,85,598/- Rs.11,06,198/-
16. Thus, the original claimant - appellant is held entitled to seek recovery of the total amount of compensation of Rs.11,06,198/- with interest at the rate of 8% per annum from the date of filing of the claim petition till its actual realization from the original opponents - respondents herein, jointly and severally with proportionate costs.
17. The first appeal is therefore allowed. The impugned judgment and award dated 31 st January, 2014, passed by the Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar, in Motor Accident Claim Petition no.251 of 2011 is hereby modified by holding original claimants - to Page 14 of 15 Uploaded by AMAR RATHOD(HC01074) on Sat May 02 2026 Downloaded on : Fri May 08 20:40:16 IST 2026 NEUTRAL CITATION C/FA/405/2015 JUDGMENT DATED: 08/04/2026 undefined seek recovery of Rs.11,06,198/-. In view of the aforesaid directions, the respondent no.3 - insurance company is hereby directed to deposit the enhanced amount of compensation with interest as awarded by this Court and proportionate costs, within a period of six weeks from the date of receipt of certified copy of this order. On deposit of the entire award amount, the Tribunal shall be at liberty to proceed with the release and disbursement of the entire award amount in favour of the appellant subject to due verification and strictly adhering to the guidelines of the Hon'ble Supreme Court in this regard. It shall be open for the Tribunal to examine the Court fees, if any, to be realized before proceeding with the disbursement of awarded amount in favour of the claimants.
18. With these observations, First Appeal stands disposed of in aforesaid terms. The R. & P. are directed to be sent back to the concerned Tribunal with the writ of this judgment.
Sd/-
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