Gujarat High Court
Rajeshbhai Gordhanbhai Baraiya vs Firozkhan Usmanbhai Pathan on 10 April, 2026
NEUTRAL CITATION
C/FA/1681/2015 JUDGMENT DATED: 10/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1681 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
NO
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RAJESHBHAI GORDHANBHAI BARAIYA
Versus
FIROZKHAN USMANBHAI PATHAN & ORS.
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Appearance:
MR SHUSHIL R SHUKLA(5603) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) 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 : 10/04/2026
ORAL JUDGMENT
1. Heard Ms. Sini Shukla, learned advocate with Mr. Shushil Shukla, learned advocate for the appellant. Ms. Mausami Nanavati, learned advocate has appeared on behalf of Mr. Vibhuti Nanavati, learned advocate for the respondent no.3- Insurance Company. Despite the service of notice of rule upon the respondent nos. 1 and 2 who are driver and owner of the offending vehicle, they have chosen not to enter appearance or contest the present appeal. With the able assistance of the learned advocates on record, the appeal is finally heard. Considering the grounds raised in the appeal and submissions made by the learned advocate for the Page 1 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined original claimant, this Court vide order dated 15.09.2015 had admitted the appeal.
2. The present appeal under Section 173 of the Motor Vehicle Act,1988 (hereinafter referred to as the "Act, 1988") at the instance of the original claimant being aggrieved and dissatisfied with the judgment and award dated 20 th February 2014 passed by the Motor Accident Claim Tribunal (Main) Kheda at Nadiad in MACP No.89 of 2007. By the said judgment and award, the Tribunal has though partly allowed the claim petition preferred by the original claimant under Section 166 of the Act, 1988 holding him entitled to seek recovery of compensation of Rs.1,32,500/- with interest at the rate of 7.5% from the date of filing of claim petition till its actual realization from the original opponents No.1 to 3, jointly and severally, however has not entertained the claim of entire compensation of Rs.3,50,000/-. Hence, the present appeal, praying for enhancement of additional amount of compensation of Rs.2 lakhs with proportionate cost and interest.
3. Learned advocate appearing for the appellant has Page 2 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined assailed the impugned judgment and award mainly on the ground of quantum of compensation by submitting that the Tribunal committed grave error in determining the notional income of the injured claimant who was aged 13 years at the time of accident. Inviting my attention to the findings and reasons assigned by the Tribunal, learned advocate has submitted that even in cases of minor injured claimant, the law as settled by the various judgments of the Hon'ble Supreme Court is to follow the yardstick of minimum wages for the purpose of determination of just and fair amount of compensation. The reliance was placed on the recent judgment of the Hon'ble Supreme Court in the case of Hitesh Nanjibhai Patel versus Motibhai Nanjibhai Rabari reported in 2025 (4) GLH 470. My attention was invited to the facts of the case involved, it was pointed out that it was a case of eight year old child having suffered amputation of left lower limb along with life altering injuries sustained on the head and left leg which had caused brain hemorrhage. The disability certificate and other medical documents were taken into consideration by the High Court whereby the permanent functional disability of the claimant was quantified as 90%. The Hon'ble Supreme Court in the appeal preferred by the Page 3 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined original claimant had confirmed the aforesaid permanent functional disability of 90% in the facts of the case by observing that such injuries had a direct co-relation and the consequent loss of permanent functional disability suffered by the claimant. Learned advocate had therefore submitted that in the present case also the claimant being an injured minor having suffered amputation of left leg below knee and considering the disability certificate produced on record at Exhibit 48, the Tribunal ought to have taken into consideration the permanent functional disability of the claimant as 90% as opined by the doctor in the disability certificate itself. However, the Tribunal was misguided by the purshis submitted by the advocate representing the claimant at Exhibit 56 where the parties had mutually agreed to consider the permanent disability of the injured claimant as 30% instead of 36% of body as a whole as opined by the doctor for the purpose of determination of future loss of income. The reliance was also placed on the decision of Hon'ble Supreme Court in the case of Master Ayush versus Branch Manager Reliance General Insurance Company Limited reported in (2022) 7 SCC 738. Inviting my attention to the facts of the case, learned advocate had pointed out that Page 4 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined the appellant - claimant therein was aged about five years as on the date of accident and he was unable to move both his legs and had completely lost sensory in both the legs. There was difficulty in passing of urine followed by complaint of bowel constipation and bed sores. The disability certificate issued by the head of the department of the Medical College was reproduced which suggested the aforesaid nature of injuries. The Hon'ble Supreme Court upon appreciation of the aforesaid disability certificate has further observed that in a case of 100% disability the Tribunals are also expected to consider the marital disability suffered so as to meet with the avowed object of just and fair amount of compensation to be determined. The Court had appropriately considered the non- pecuniary damages towards the future medical expenses, the pain, suffering and loss of amenities as well as under the head of loss of marriage prospects. The attendant charges were distinctly considered in the facts of the case. The attendant charges and the conveyance charges were distinctly considered under separate heads. Referring to aforesaid decision, the attention of this Court was also invited to the prospective income being considered as 40% of the minimum wages considered as on the date of accident even in case of Page 5 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined injured child. Referring to the findings and reasons assigned by the Tribunal while determining the future loss of income, learned advocate had therefore urged this Court to consider 40% rise towards prospective income of the injured claimant and to apply multiplier of 18 as considered by the Hon'ble Supreme Court in the aforesaid decisions. Learned advocate had therefore prayed for treating it as a case of 100% functional disability and to enhance the amount of compensation under the head of loss of dependency by considering aforesaid components to the tune of Rs.7,86,240/-. She has also prayed for enhancement of amount of compensation under the medical bills which has been confined to Rs.5000/-. As according to her, though no documentary evidence with regard to expenses incurred towards medicines has been brought on record, however in the peculiar facts of the case where the child has suffered amputation, the Court may consider enhancing appropriate amount of compensation towards medical expenses. She has further prayed for enhancement of compensation under the head of pain, shock and suffering which has been meagerly awarded as Rs.8000/- by the Tribunal. Considering the fact that the child at the age of 13 had suffered amputation, she Page 6 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined had submitted that he has not only undergone physical pain but mental agony at least an amount of Rs.1 lakh was required to be considered towards the head of pain, shock and suffering. As regards the amount of compensation awarded under the head of special diet, attendant and transportation charges are concerned, learned advocate has urged this Court to reasonably enhance the amount of compensation as against meager amount of Rs.10,000/- being awarded by the Tribunal. Additionally, learned advocate has urged this Court to award reasonable amount of compensation under the head of loss of entertainment / loss of amenities and marriage prospects. According to learned advocate, the child having suffered amputation of leg below knee, for the rest of his life he would be deprived of the normal life and would be dependent on the family. Learned advocate had therefore urged this Court to allow the appeal and to enhance the amount of compensation which may be awarded with interest and cost to be realized from the original opponents - respondents herein.
4. Per contra, learned advocate Ms. Mausami Nanavati has vehemently objected to the aforesaid submissions made by learned advocate for the appellant. At the outset learned Page 7 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined advocate had invited my attention to the purshis submitted at Exhibit 56 to indicate that the original claimant being represented through guardian and being represented through guardian has taken conscious call to treat the permanent physical disability of the minor injured as 30% of body as a whole instead of 36% of body as a whole as opined by the doctor in its medical certificate produced on record at Exhibit
48. She has further invited my attention to the fact that even in the disability certificate produced on record the doctor upon examination of the child though has opined that having suffered amputation of left lower limb, there is 90% impairment of lower extremity and has accordingly opined that the child has suffered 36% impairment of whole body. Thus, the medical evidence brought on record by the claimant itself suggests that the child had suffered permanent disability as 36% of body as a whole. Considering the fact that purshis was filed by the guardian of the injured claimant, no error can be found with the approach of the Tribunal in assessing the disability of the claimant as 30% instead of 36% as opined by the medical officer. She has therefore objected to any arguments to be accepted on behalf of the appellant who has raised his case on the issue of disability before this Tribunal. Page 8 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026
NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined She has also submitted that the case laws relied upon by the learned advocate for the appellant may not be applied in the facts of the case inasmuch as except for disability certificate produced on record, no medical expert has been examined by the claimant to justify their case that the claimant had sustained 100% functional disability. Even otherwise, according to her, it is not their case that the claimant is unable to walk or is completely bedridden. With such disability, a person can earn his livelihood. She has therefore urged this Court not to interfere with the findings and reasons assigned by the Tribunal as regards the disability assessed to the extent of 30%. So far the submission made by learned advocate for the appellant on the minimum wages to be applied for the purpose of determination of future loss of income and the multiplier of 18 to be applied, considering the subsequent decisions of the Hon'ble Supreme Court, she has fairly submitted to pass appropriate orders in this regard. However, she has urged this Court to determine a just and fair amount of compensation and not a fall, merely because the claimants have approached this Court in the appeal. On the issue of enhancement of compensation sought under the non-pecuniary damages, the learned advocate has submitted Page 9 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined that considering the pleadings of the original claim petition and even the grounds raised in the appeal, no prayer has been sought for with regard to enhancement under the head of loss of entertainment, loss of amenities, loss of childhood, or future medical expenses. In the absence of any evidence being brought on record with regard to any future medical expenses to be incurred, this Court may not entertain their prayer for enhancement under the aforesaid head. By relying upon the findings and reasons assigned by the Tribunal, the learned advocate has once again urged that the Tribunal has, in the facts of the case and evidence brought on record, awarded a just and fair amount of compensation and the appeal is therefore required to be dismissed.
5. In rejoinder, the learned advocate appearing for the appellant-original claimant has placed reliance upon the decision of the Coordinate Bench of this Court in the case of Pravinbhai Amrabhai Meghwal vs. Samadkhan Akbarkhan Pathan, reported in 2026 AIJEL-HC 252676. Referring to the facts of the case, the learned advocate had pointed out that the claimant aged 15 years in the aforesaid case, had received similar injuries, having suffered Page 10 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined amputation of the left leg below the knee. This Court, having appreciated the disability certificate produced on record wherein doctors opined 60% permanent partial disability in respect of the affected limb, had taken into consideration the schedule provided under the Workmen's Compensation Act which suggests 50% disability with regard to the amputation suffered and having noted a fracture in another leg, had added 10% disability towards the same, thereby reassessing the functional disability of the claimant as 60% of the body as a whole. She has also submitted that following the decision of the Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel (supra), the Court has appropriately considered 40% addition towards future prospects and has adopted a multiplier of 18. She has therefore submitted that, at least, the Court may reconsider the disability sustained by the claimant.
6. I have heard the learned advocates appearing for the respective parties. I have carefully considered their submissions in light of the findings and reasons assigned by the Tribunal. I have also closely perused the relevant evidence on record. I have carefully considered the legal principles as Page 11 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined relied upon by the learned advocate for the appellant in the facts of the case. Before adverting to the merits of the appeal, it would be appropriate to note the foundational facts with regard to the involvement of the offending vehicle, the manner of the occurrence of the accident, the minor claimant having suffered injuries on account of the motor vehicle accident, the offending vehicle being insured at the time of the accident, the negligence of the driver of the offending vehicle and the liability of the Insurance Company as determined by the Tribunal, in the absence of any challenge being made by either of the parties on record, and in the absence of any appeal being filed by either of the original opponents, the same has attained finality. Keeping in mind the aforesaid foundational facts and the submissions made by the learned advocates appearing for the respective parties, the short question which arises for consideration of this Court in the present appeal is as to whether the Tribunal committed any error in awarding compensation of Rs.1,32,500/- with interest at the rate of 7.5% from the date of filing of the claim petition till its actual realization, in the facts of the case and evidence on record, while deciding the claim petition under Section 166 of the Motor Vehicle Act, 1988? Page 12 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026
NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined
7. In order to appreciate the aforesaid point of determination, at the outset, this Court is required to take into consideration the core contention raised by the learned advocate for the appellant, which is the actual disability suffered by the claimant. It is an undisputed fact that the claimant was a minor, aged 13 years at the time of the accident. As is evident from the medical case papers, more particularly the disability certificate produced on record at Exhibit 48, it has been established by the claimant that he has suffered serious and grievous injuries due to the motor vehicle accident. The said disability certificate is issued by the doctor who is an Associate Professor of Forensic Medicine at PS Medical College and SK Hospital, Karamsad, and another an MS Ortho being associated as an Assistant Professor in the Department of Orthopedics at Shri Krishna Hospital, Karamsad. The said doctors have physically and clinically examined the claimant and has opined that he has suffered permanent disability due to amputation of the left lower limb below the knee following trauma. It has been noted that the trauma was caused due to a road traffic casualty wherein the claimant was injured on 11. 12.2006. On evaluation of his medical condition, the doctors have opined that said injury Page 13 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined has contributed 90% impairment of the lower extremity, which can be considered as 36% impairment of the whole man. The aforesaid disability is clarified by mentioning that such disability is assessed without any active use of proper prosthesis. Lastly, the doctors opined that the accident alone is the cause of this incapacity for work. Apart from the aforesaid disability certificate, the injury certificate of the claimant has also been produced on record at Exhibit 47, wherein it is indicated that he suffered a segmental fracture of the left tibia and fibula, with a fatal fracture of the lower end of the left tibia and fibula, a fracture of the talus bone, and multiple bone fragments is also noticed. This mainly relates to the injuries found in the left lower limb. Considering the aforesaid injuries, he was urgently referred for surgical and orthopedic treatment.
8. Having noted the aforesaid medical case papers on record, in my view, the Tribunal committed a grave error in accepting the purshis submitted by the advocate on record representing the claimant at Exhibit 56 to fix the disability of the claimant as 30% as agreed by the parties for the purpose of determination of future loss of income. The Tribunal failed Page 14 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined to follow the mandate of the beneficial legislation, which aims at providing a just and fair amount of compensation. It would be appropriate to revisit the observations of the Hon'ble Supreme Court in the case of Raj Kumar vs. Ajay Kumar, reported in (2011) 1 SCC 343. The Hon'ble Supreme Court has highlighted the general principles relating to compensation in injury cases. Considering the provisions of the Motor Vehicle Act and the mandate of the legislation, the object of awarding damages is to make good the loss suffered as a result of the wrong done, as far as money can do so, in a fair, reasonable, and equitable manner. The Court has emphasized that the Tribunals are expected to assess the damages objectively and exclude from consideration any speculation or fancy. It has been emphasized that while undertaking such an exercise, the Courts/Tribunals shall bear in mind that a person is not only to be compensated for physical injury but also for the loss which he suffered as a result of such injury. The Court reiterated the principle laid down in its earlier decision in the case of R.D. Hattangadi vs. Pest Control (India) Pvt. Ltd. reported in (1995) 1 SCC 551 and other judgments, thereby observing that in such kind of cases, the victim is to be compensated for his inability to Page 15 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined lead a full life, his inability to enjoy those normal amenities which he would have enjoyed but for the injuries, and his inability to earn as much as he used to earn or could have earned. Keeping in mind the aforesaid objectives, if one looks at various heads categorized by the Hon'ble Supreme Court in personal injuries cases, the Courts are also required to consider the amount of compensation by way of special damages as well as general damages in the following categories pecuniary damages (special damages):(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure, (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising
(a) Loss of earning during the period of treatment; (b) Loss of future earning on account of permanent disability. (iii) Future medical expenses. Non pecuniary damages (General Damages); (iv) Damages for pain, suffering, and trauma as a consequence of the injuries. (v). Loss of amenities (and/or loss of prospects of marriage). (vi) Loss of expectation of life (shortening of normal longevity). Considering the aforesaid heads under which compensation is required to be considered in personal injury cases, the manner in which the Page 16 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined Courts/Tribunals are expected to assess the effect of permanent disability on the earning capacity of the injured is concerned, the Courts have been cautioned not to mechanically apply the percentage of permanent disability as the percentage of economic loss or loss of earning capacity. Thus, the Courts/Tribunals are expected to follow three steps in reference to the evidence on record to assess the nearest possible actual disability incurred for the purpose of just and fair amount of compensation. The three steps which are required to be considered by the Courts, as expressed by the Hon'ble Supreme Court includes : (i) whether the disablement is permanent or temporary; (ii) if the disablement is permanent, whether it is permanent total disablement or permanent partial disablement, (iii) if the disablement percentage is expressed with reference to any specific limb, then the effect of such disablement of the limb on the functioning of the entire body, that is the permanent disability suffered by the person. Having considered the aforesaid principles to be bear in mind in assessing the disability sustained, the Tribunal is further expected to ascertain the actual extent of permanent disability of the claimant based on medical evidence, to determine whether such permanent Page 17 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined disability had affected or will affect his earning capacity. As regards the ascertainment of the effect of permanent disability, the Hon'ble Supreme Court has further suggested three steps to be borne in mind as to (I) What activities the claimant could carry on in spite of the permanent disability, and what he could not do as a result of the permanent disability (this is also relevant for awarding compensation on the head of loss of amenities of life). (II) To ascertain his avocation, profession, and nature of work before the accident, as well as his age to find out (i) whether the claimant is totally disabled from earning any kind of livelihood, or (ii) whether, in spite of the permanent disability, the claimant could still effectively carry on the activities and functions, which he was earliemr carrying on, or (iii) whether he was prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions so that he continues to earn or can continue to earn his livelihood. The Hon'ble Supreme Court thereafter taking into consideration various instances cautioning the Tribunal that even accepting the expert evidence of doctors who did not treat the injured but who has issued disability certificate without proper medical Page 18 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined assessment. Having noted the aforesaid principles, it would be appropriate to readily refer to the summary of principles discussed by the Hon'ble Supreme Court in para 19, which are reproduced hereunder:
"19. We may now summarise the principles discussed above :
(i) All injuries (or permanent disabilities arising from injuries), do not result in loss of earning capacity.
(ii) The percentage of permanent disability with reference to the whole body of a person, cannot be assumed to be the percentage of loss of earning capacity. To put it differently, the percentage of loss of earning capacity is not the same as the percentage of permanent disability (except in a few cases, where the Tribunal on the basis of evidence, concludes that percentage of loss of earning capacity is the same as percentage of permanent disability).
(iii) The doctor who treated an injured-claimant or who examined him subsequently to assess the extent of his permanent disability can give evidence only in regard the extent of permanent disability. The loss of earning capacity is something that will have to be assessed by the Tribunal with reference to the evidence in entirety.
(iv) The same permanent disability may result in different percentages of loss of earning capacity in different persons, depending upon the nature of profession, occupation or job, age, education and other factors. "
The aforesaid decision has not only broadly discussed the manner in which the permanent disability has to be Page 19 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined assessed but has also thrown light on the aspect of the yardstick of Schedule I of the Employee's Compensation Act, 1923, for the purpose of assessing functional disability in context to the medical evidence produced on record. In case if the Tribunal is not satisfied with the certificate of the doctor, the reference to the Medical Board has not been ruled out.
9. Considering the aforesaid broad principles in the facts of the case, the Tribunal ought to have independently evaluated the disability of the claimant in the peculiar facts of the case, more particularly, noticing the amputation of lower knee suffered by the claimant, who is minor. Considering the social background of the parents, even on close perusal of the purshis produced on record at Exhibit 56, it appears that the natural guardian has not even acknowledged across the purshis of having agreed for 30% permanent disability for the purpose of future loss of income, merely because, the lawyers representing the respective parties have tendered the purshis consenting to the permanent disability to be read as 30% of body as a whole, the Tribunal ought not to have accepted the same as the actual disability suffered by the claimant. Having noted so, if one looks at the contents of the disability Page 20 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined certificate though the medical officer who has issued the disability certificate has not been examined as witness however, the fact remains that the claimant has established on record that the minor injured has suffered amputation of left lower limb below knee. In absence of medical officer being examined as witness, this Court is thus required to assess the actual disability suffered by the claimant with the aid of yardstick of the Schedule I of Workmen's Compensation Act, 1923. Though, the doctor has opined that the aforesaid injury contributes to 90% impairment of the affected lower limb and has therefore opined it to be a 36% of body as a whole, having appreciated the Schedule I of the Employee's Compensation Act, 1923, in my view the permanent functional disability of the minor claimant ought to have been assessed as 50% of body as a whole.
10. Having held so, in view of the settled principles laid down by the Hon'ble Supreme Court, the income of the minor claimant is required to be redetermined on the basis of the standard rates of minimum wages prevailing as on the date of accident. Admittedly, the accident has taken place on 11 th December 2006. Considering the rates of minimum wages Page 21 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined prevailing in the State of Gujarat between period 1 st October 2006 to 31st March 2007, which was Rs.2600/- in case of skilled workmen, the income of the claimant is redetermined as Rs.2600/-. As rightly submitted by learned advocate on record for the appellant, the claimant shall be entitled to 40% rise towards future prospects in view of the decision of the Hon'ble Supreme Court in the case of Hitesh Nanjibhai Patel (supra) read with the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi reported in (2017) 16 SCC 680. Considering the aforesaid principles in the facts of the case, the future rise in income of the claimant is redetermined as Rs.2600/- X 40%=Rs.1040/-. The prospective income is accordingly redetermined as Rs.3640/-. Applying multiplier of 18, as considered by the Hon'ble Supreme Court in the aforesaid decisions, the loss sustained towards future income is quantified as Rs.7,86,240/- X 50% (disability) = Rs.3,93,120/-.
11. As regards the enhancement of amount of compensation prayed for under other heads are concerned, on appreciation of the disability and injury certificate produced on record, it is Page 22 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined an undisputed fact that the child at the age of 13 years has suffered the trauma of motor accident which has consequently led to the amputation of the right lower limb below knee. Noticing the aforesaid circumstances, it would be appropriate to take into consideration the judgment of Hon'ble Supreme Court in the case of Baby Sakshi Grola vs. Manju Ahmad Seymour and another reported in 2024 SCC Online SC 3692. The facts of the case suggest that the child aged 7 years had met with an accident which had taken place on 2 nd June 2009. The disability certificate was produced on record along with the injury certificate which suggests that the child had suffered fracture over left side of femur and lacerated injuries all over her body. Due to unfortunate accident, the child had suffered 75% disability and post accident. She had also developed moderate mental retardation. The certificate suggests that the road traffic accident has caused subarachnoid hemorrhage with healed fracture femur left with moderate mental retardation, thereby affecting her intelligence quotient. Having noted such serious accidental injuries and the post trauma of the accident suffered by the child, the Hon'ble Supreme Court guided by the principles laid down in the case of K.S. Murlidhar vs. R.Subbu Lakshmi Page 23 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined & Others reported in 2024 SCC Online SC 3385 elaborating consideration of the aspect of pain, suffering, expressed that when the compensation is to be awarded for pain and suffering and loss of amenity of life, the special circumstances of the claimant are to be taken into account including his age, unusual deprivation he has suffered, the effect thereof on his future life. The amount of compensation for non-pecuniary loss is not easy to be determined, but the award must reflect that different circumstances have been taken into consideration. Referring to the earlier decisions in the case of Kajal vs. Jagdish Chandra and others reported in (2020) 4 SCC 413, Master Ayush vs. Branch Manager, Reliance General Insurance reported in (2022) 7 SCC 738, and in the case of R.D. Hattangadi (supra), the Court has ultimately noted that in cases of permanent and life altering disabilities, in order to ensure holistic restitution of victims, the compensation for future prospects and pain and suffering must reflect the principles of fairness and adequency. Considering the injuries suffered by the claimant to be lifelong in nature, the Hon'ble Supreme Court has enhanced the compensation under the head of pain and suffering to Rs.15 lakhs. It is required to be noted that Page 24 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined comparing the nature of injuries in case of a workman who has suffered multiple brain injuries which can be treated as 90% permanent disability, the Court has awarded amount of Rs.15 lakhs under pain and suffering.
12. Applying the aforesaid principles in the facts of the case, where the victim of the accident is a child aged 13 years and who will be deprived of a normal life because of the amputation of his lower left leg below knee, it would be appropriate to enhance the amount of compensation under the head of pain and suffering as Rs.15 lakhs. It is also required to be noted that for the rest of his life, the claimant would be dependent on the others for his routine work. As noted by the doctor, he would be required to take aid of the prosthesis / artificial limb. With peculiar facts of the case, the Tribunal ought to have exercised greater judicial caution and circumspection by awarding compensation towards future medical expenses as well as under the head of loss of childhood and loss of amenities / loss of marriage prospects. Considering the nature of injuries sustained and the longevity of the life, bearing in mind the fact that the victim of the accident is a child who is now required to lead his remaining Page 25 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined life with the aid of the prosthesis / artificial limb, the amount of compensation is awarded under the head of future medical expenses, which is determined as Rs.5 lakhs. As regards the amount of compensation under the head of loss of amenities / marriage prospects are concerned, the same is determined as Rs.2 lakhs.
13. In view of the above discussions, the total amount of compensation is redetermined as under:
Particulars Awarded by Awarded by this
Tribunal (Rs.) Court
Future loss of income 67,500/- 3,93,120/-
Pain, shock and 50,000/- 15,00,000/-
suffering
Future medical - 5,00,000/-
expenses
Loss of amenities / - 2,00,000/-
marriage prospects
Special diet, attendant 10,000/- 50,000/-
charges and
transportation
Medical bills 5,000/- 5,000/-
Compensation 1,32,500/- 26,48,120/-
Enhanced amount 25,15,620/-
Thus, the appellant-original claimant is hereby held Page 26 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined entitled to seek recovery of total amount of compensation of Rs.26,48,120/- from the respondents-original opponents No. 1 to 3, jointly and severally, with interest at the rate of 7.5% from the date of filing of claim petition till its actual realization.
14. Resultantly, the First Appeal is allowed in the aforesaid terms. The impugned judgment and award dated 20 th February 2014 passed by the learned Motor Accident Claim Tribunal and Principal District Judge, Kheda at Nadiad in MACP No.89 of 2007 is hereby modified by holding the original claimants entitled to seek recovery of total amount of compensation of Rs.25,15,620. (Rs.26,48,120/- minus Rs.1,32,500/-) with interest at the rate of 7.5% from the date of filing of claim petition till actual realization, with proportionate costs, from the original opponents No. 1 to 3, jointly and severally. Since the appeal is allowed, the respondent No. 3- Insurance Company is directed to deposit the enhanced amount of compensation of Rs.25,15,620/- with interest and proportionate costs as awarded by this Court by this order, within a period of six weeks from the date of receipt of the certified copy of this order. On deposit of the Page 27 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026 NEUTRAL CITATION C/FA/1681/2015 JUDGMENT DATED: 10/04/2026 undefined aforesaid amount of compensation, the Tribunal shall be at liberty to proceed with the release and disbursement of the 70% of the awarded amount in favour of the claimant- Rajeshbhai Gordhanbhai Baria subject to due verification and strictly adhering to the guidelines of the Hon'ble Supreme Court in this regard. The remaining 30% of the deposited award amount is directed to be invested in the fixed deposit in a nationalized bank for a period of five years with liberty to seek withdrawal of quarterly interest which may accrue on such fixed deposit. The original FDR is permitted to be retained by the claimant viz.Rajeshbhai Gordhanbhai Baria. It shall be open for the Tribunal to look into the aspect of court fees, if any, to be realized before parting with the amount compensation in favour of the original claimant.
15. With these observations, the First Appeal stands disposed of in the aforesaid terms. The record and proceedings are directed to be sent back to the concerned Tribunal forthwith with the writ of this order.
sd/-
(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH Page 28 of 28 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Sat May 02 2026 Downloaded on : Fri May 08 21:09:04 IST 2026