Gujarat High Court
Jayantibhai Tejabhai Parmar vs Dashrathbhai Dahyabhai Solanki on 7 April, 2026
NEUTRAL CITATION
C/FA/2627/2014 JUDGMENT DATED: 07/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2627 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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JAYANTIBHAI TEJABHAI PARMAR
Versus
DASHRATHBHAI DAHYABHAI SOLANKI & ORS.
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Appearance:
MR SHUSHIL R SHUKLA(5603) for the Appellant(s) No. 1
MR SHIRISH R PATEL(5605) for the Defendant(s) No. 1,2
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 07/04/2026
JUDGMENT
1. Captioned appeal is filed against the impugned judgment and award dated 03.05.2014 passed by the Motor Accident Claims Tribunal (Aux) and Additional District Judge, Kheda at Nadiad, in Motor Accident Claim Petition No.67 of 2006, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.1,75,408/- as a compensation along with the interest at the rate of 7.5% per annum from the date of filing Page 1 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined of the claim petition till its realization.
2. The succinct facts leading to file the captioned appeal are that on 07.11.2005, at about 06:00 hours, minor applicant along with his father was walking on the road near the Garnala Curve in the sim of Village- Icchapura. When they were crossing the road, in the meantime, the driver of opponent No.1 came by driving the Maruti Van bearing registration No.GJ-7-R-1565 in a rash and negligent manner at very excessive speed so as to endanger the human life and dashed with the minor applicant. As a result of the accident, the minor applicant sustained grievous injuries on the various part of the body. 2.1. Having been served with the notice of claim petition, the opponent No.3-Insurance Company appeared through its advocate and filed Written Statement at Exhibit-14, thereby denying the contents of the claim petition and prayed for dismissal of the claim petition.
2.2. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exhibit-33, for determination.
"1. Whether the applicant proves that she sustained Page 2 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined injuries, due to rash and negligent driving of driver of the offending vehicle, involved in this accident?
2. Whether the claimant is entitled to any amount of compensation? If yes, to what extent and from whom?
3. What order and award?"
2.3. Having considered the oral as well as documentary evidence on record and the submissions canvassed by learned advocates for the parties, the learned Tribunal had awarded a sum of Rs.1,75,408/- as a compensation along with the interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization.
2.4. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant-herein preferred the captioned appeal on the ground of quantum.
3. Heard learned advocates for the parties.
4. Mr. Shushil R. Shukla , learned advocate for the original claimant/appellant-herein, vehemently submitted that at the time of accident, the original claimant/appellant was aged about 12 years and he was studying in 5 th standard. Owing to the injuries sustained in the accident, he became incapable to continue his studies, therefore, he left the school. He further Page 3 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined submitted that the accident took place on 07.11.2005. At the relevant point of time, the minimum wages for skilled worker was of Rs.2400/- however the learned Tribunal had considered the notional income of the claimant/appellant at Rs.2250/- per month which is at a lower side. He further submitted that owing to the injuries sustained in the accident, the claimant/appellant became 100% disabled and he was aged about 12 years old, however the learned Tribunal had not considered the future prospects of the claimant/appellant. He further submitted that in view of the ratio laid down by the Hon'ble Supreme Court rendered in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors., reported in (2017) 16 SCC 680, 40% of the monthly income ought to have been added on account of future prospects of the claimant/appellant. 4.1. Learned advocate for the appellant submitted that in the said accident, the claimant/appellant sustained the injuries on his head, ribs and other bodily injuries. Owing to the injuries sustained in the accident, the right leg and right hand of the appellant become weakened and he has become disabled to do any work. He further submitted that the claimant has also examined the Dr. Vijay R. Sheth who issued the disability Page 4 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined certificate. In his deposition, he proved that the claimant has sustained grievous injuries and the disability to the extent of 50%, however the learned Tribunal has considered the physical disability of 30% body as a whole. He further submitted that it is the case of the 100% loss, however the learned Tribunal has considered the functional disability at 30%. In support of his contention, learned advocate for the appellant has placed reliance upon the judgment rendered by the Hon'ble Supreme Court in the case of Raj Kumar Versus Ajay Kumar and Anr, reported in (2011) 1 SCC 343.
4.2. Learned advocate for the appellant submitted that the learned Tribunal had awarded a meagre amount of compensation under the head of pain, shock and suffering, however the claimant/appellant remained hospitalized for a long time and during the said period, he was underwent for surgery. He further submitted that the learned Tribunal had also awarded a meagre amount of compensation under the head of special diet, attendant charges and transportation. He further submitted that the claimant/appellant just after the accident received the medical treatment from Maha-Gujarat Hospital and thereafter he was shifted to Ahmedabad. In his treatment, the Page 5 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined claimant/appellant has spent substantial amount. However, the learned Tribunal had awarded a meagre amount of Rs.9,608/- under the head of medical and treatment expenses. He further submitted that the claimant/appellant has been deprived of leading the normal life, however the learned Tribunal has not awarded any amount of compensation under the head of loss of amenities and enjoyment of life.
4.3. Learned advocate for the appellant submitted that at the time of accident, the claimant/appellant was aged about 12 years, therefore, the chances of the claimant to get married have become bleak, however the learned Tribunal has not awarded any amount of compensation under the head of loss of marriage prospects.
4.4. Learned advocate for the appellant submitted that owing to the injuries sustained on the head, the face of the claimant/appellant has become disfigured, however, the learned Tribunal has not awarded any amount of compensation under the head of disfigurement. In support of his contention, learned advocate for the appellant has placed reliance upon the judgment of the Hon'ble Supreme Court rendered in the case of Page 6 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined Baby Sakshi Greola Versus Manzoor Ahmad Simon, reported in 2024 SCC OnLine SC 3692 and Sidram Versus Divisional Manager, United India Insurance Company Limited and Anr, reported in 2023 (3) SCC 439. Therefore, he prayed for enhancement of the compensation.
5. On the other hand, Mr. Vibhuti Nanavati, learned advocate appearing on behalf of the respondent No.3-Insurance Company, vehemently submitted that at the time of accident, the claimant/appellant was aged about 12 years, therefore, he was earning nothing. As he was the student of 5 th standard, therefore, the learned Tribunal has rightly assessed the income of the claimant/appellant at Rs.2250/- per month. He further submitted that considering the medical evidence on record, the learned Tribunal has rightly come to the conclusion that the claimant/appellant has sustained 30% disability body as a whole. He further submitted that the learned Tribunal after considering the evidence on record had awarded the just compensation, therefore, there is no infirmity in the impugned judgment and award. Hence, the captioned appeal is liable to be dismissed.
6. Having considered the submissions of the learned Page 7 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined advocates for the parties and having gone through the record, it is to be noted that the claimant/appellant has challenged the impugned judgment and award on the ground of quantum. So far as the quantum is concerned, it is not in dispute that at the time of accident, the claimant/appellant was the student of 5 th standard and he was aged about 12 years. The learned Tribunal has assessed the monthly income of the claimant/appellant at Rs.2250/-. The accident in question took place on 07.11.2005. At the relevant point of time, the minimum wages for the skilled worker was of Rs.2400/- as notified by the Government of Gujarat. Thus, in absence of any cogent evidence of income, the learned Tribunal ought to have considered the minimum wages prevalent at the time of accident. Thus, this Court reassess the income of the claimant/appellant at Rs.2400/- per month. The learned Tribunal had not considered the future prospects of the claimant/appellant. Thus, in view of the ratio laid down by the Hon'ble Supreme Court in the case of Pranay Sethi(supra) and Sidram(supra), 40% of the monthly income is to be added on account of future prospects of the claimant/appellant. Thus, after adding 40% to the monthly income, which would come to Rs.3360/- (2400 + 40% of 2400).
7. The learned Tribunal had considered 30% disability for Page 8 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined calculating the future loss of income. On perusal of the disability certificate, at Exhibit-49, it transpires that doctor observed that the claimant/appellant has sustained the following disability:
"1. Difficulty of speaking.
2. Weakness in right hand & difficulty in walking by right lower limb;
3. Disfigurement due to operation Behavioural changes of irritability beats on examining him & he found
1. Motor dyspraxia
2. Rt. Sided specific hemiparesis with grip II - it for gr II with conscious, limping shift, can't do any work with hand
3. Behavioural changes of irritability, violence
4. Scan 17 cm lt. FTP region with 7 x 6 cm lt. TP (illegible) with so figurement."
8. Further as per the report of CT scan (Brain), it transpires that in the CT scan, the doctor has observed as under:-
"Plain C T Brain has been performed through 5mm thick contiguous axial sections in posterior fossa and 10mm thick contiguous axial sections in supratentorial . Haemorrhagic contusion seen in left temporoparietal region causing mass effect over ipsitateral lateral ventricle and minimal midline shift. . Dilatation of contra lateral right lateral ventricle seen.
. Post craniotomy status noted through left parietal and high parietal bone with extracalvanal soft tissue component with hemorrhagic within . Basal Ganglia and Thalami appeal normal . Cerebellum and brainsfem reveal no efo any focal or diffuse area of altered density"
9. Dr. Vijay R. Sheth, who issued the disability certificate has also stepped into witness-box and his deposition was recorded at Exhibit-48. He proved the disability certificate and he also Page 9 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined proved that the claimant/appellant has sustained the permanent disability of 50% body as a whole. He also deposed that owing to the injuries sustained by the claimant/appellant, the claimant has also suffered paralysis of right hand and right leg.
10. Since, the claimant/appellant was not in a position to depose before the learned Tribunal, therefore, the father of the claimant/appellant stepped into witness-box and his deposition was recorded at Exhibit-38. In his deposition, he also proved on record that his son sustained grievous injuries and owing to the injuries sustained in the accident, he has become totally disabled to do any work.
11. In the light of aforesaid oral as well as documentary evidence, in my considered view, the learned Tribunal had committed manifest illegality in considering the functional disability of the claimant/appellant at 30%. The Hon'ble Supreme Court in the case of Raj Kumar(supra), the Hon'ble Supreme Court has observed in paragraph-8 as under:-
"8. Disability refers to any restriction or lack of ability to perform an activity in the manner considered normal for a human being. Permanent disability refers to the residuary incapacity or loss of use of some part of the body, found existing at the end of the period of treatment and recuperation, after achieving the maximum bodily improvement or recovery which is likely to remain for the remainder life of the injured.Page 10 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026
NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined Temporary disability refers to the incapacity or loss of use of some part of the body on account of the injury, which will cease to exist at the end of the period of treatment and recuperation. Permanent disability can be either partial or total. Partial permanent disability refers to a person's inability to perform all the duties and bodily functions that he could perform before the accident, though he is able to perform some of them and is still able to engage in some gainful activity. Total permanent disability refers to a person's inability to perform any avocation or employment related activities as a result of the accident. The permanent disabilities that may arise from motor accidents injuries, are of a much wider range when compared to the physical disabilities which are enumerated in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (`Disabilities Act' for short). But if any of the disabilities enumerated in Section 2(i) of the Disabilities Act are the result of injuries sustained in a motor accident, they can be permanent disabilities for the purpose of claiming compensation."
12. Thus, having regard to the facts and circumstances of the present case, I am of the considered view that the functional disability of the claimant/appellant cannot be assessed less than 60%. Therefore, this Court reassess the functional disability of the claimant/appellant at 60%. Thus, applying the multiplier of 18 as per age of the claimant/appellant, the future loss of income would come to Rs.4,35,456/- (3360 x 60% x 12 x 18).
13. The learned Tribunal had awarded a meagre amount of compensation of Rs.15,000/- under the head of pain, shock and suffering and a sum of Rs.5,000/- under the head of special diet, attendant charges and transportation. It is evident from the Page 11 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined record that the claimant/appellant sustained grievous injuries and multiple fractures. He sustained 50% disability body as a whole. He remained hospitalized for a long time and thereafter he was treated as an outdoor patient. During the course of treatment, he was surgically operated, therefore, he would have suffered a lot of mental agony, pain, shock and suffering, and a considerable amount ought to have been spent on special diet, attendant charges and transportation. Thus, considering the medical evidence on record and having regard to the facts and circumstances of the present case, the compensation awarded under the head of pain, shock and suffering is enhanced from Rs.15,000/- to Rs.1,00,000/- and the compensation awarded under the head of special diet, attendant charges and transportation is enhanced from Rs.5,000/- to Rs.50,000/-.
14. The learned Tribunal had awarded a sum of Rs.9,608/- as a compensation under the head of medical and treatment expenses. It is evident from the record that the claimant/appellant took the preliminary treatment at Maha- Gujarat Hospital and thereafter he was shifted to Ahmedabad, Civil Hospital where he remained hospitalized as an indoor patient from 07.11.2005 to 17.11.2005. On 10.11.2005 he was Page 12 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined surgically operated for hemorrhage and thereafter he was treated as an outdoor patient. Thus, considering the totality of the facts and circumstances of the case, the compensation awarded under this head is enhanced to Rs.20,000/- as a global amount.
15. It is evident from the record that the claimant has sustained the grievous injuries and owing to the injuries sustained in the accident he has been deprived of leading the normal life, however the learned Tribunal had not awarded any amount of compensation under the head of loss of amenities and enjoyment of life. Thus, considering the age of the claimant/appellant, a sum of Rs.1,00,000/- is awarded under the head of loss of amenities and enjoyment of life.
16. It is undisputed fact that at the time of accident, the claimant/appellant was aged about 12 years. Owing to the injuries sustained in the accident, chances of getting married have become bleak, therefore, a sum of Rs.1,00,000/- is awarded under the head of loss of marriage prospects.
17. It is evident from the medical report that due to the impact of the accident, the claimant/appellant received scar marks on his face and his face has become disfigured, however, the Page 13 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026 NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined learned Tribunal had not awarded any amount of compensation under the head of disfigurement of face. Thus, a sum of Rs.50,000/- is awarded under the head of disfigurement of face.
18. Perusal of the impugned judgment and award further transpires that the learned Tribunal had not awarded any amount of compensation under the head of actual loss of income. Considering the medical evidence on record, the actual loss of income is awarded for a period of three months, which would come to Rs.7200/- (2400 x 3).
19. Thus, in view of the above discussions, the original claimant/appellant shall be entitled for the following amount of compensation under the following heads:-
Particulars Amount (Rs.)
Future Loss of Income 4,35,456/-
Actual Loss of Income 7200/-
Medical Expenses 20,000/-
Special Diet, Attendant Charges and 50,000/-
Transportation
Pain, Shock and Suffering 1,00,000/-
Loss of Amenities and Enjoyment of Life 1,00,000/-
Loss of Marriage Prospects 1,00,000/-
Disfigurement of Face 50,000/-
Total Compensation 8,62,656/-
Less: compensation already awarded by the 1,75,408/-
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NEUTRAL CITATION
C/FA/2627/2014 JUDGMENT DATED: 07/04/2026
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learned Tribunal
Additional amount of Compensation 6,87,248/-
20. In view of the above discussions, the claimant/appellant shall be entitled for the total compensation of Rs.8,62,656/-. The learned Tribunal had already awarded a sum of Rs.1,75,408/-, therefore, the claimant/appellant shall be entitled for the additional compensation of Rs.6,87,248/- i. e. (Rs.8,62,656/- - (less) Rs.1,75,408/-). The learned Tribunal has awarded the interest at the rate of 7.5% per annum, therefore, the claimant/appellant shall also be entitled for the interest at the rate of 7.5% on the additional amount of compensation.
21. In view of the above discussions, the captioned appeal stands allowed partly. The impugned judgment and award is modified to the aforesaid extent.
22. The respondent No.3-Insurance Company is directed to deposit the additional amount of compensation along with the interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization, within a period of 6 weeks from today.
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NEUTRAL CITATION C/FA/2627/2014 JUDGMENT DATED: 07/04/2026 undefined
23. Upon depositing of the said amount, the learned Tribunal shall disburse the amount to the original claimant, after deducting the deficit court fees, if any, and after due verification.
24. Statutory amount, if any, lying/deposited with the Registry of this Court, the same be transmitted to the concerned learned Tribunal forthwith.
25. R & P, if any, be sent back to the concerned learned Tribunal forthwith. No order as to costs.
(MOOL CHAND TYAGI, J) CDP Page 16 of 16 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Apr 16 2026 Downloaded on : Fri Apr 17 23:39:28 IST 2026