Gujarat High Court
Piyushkumar Ramanlal Joshi vs Kalubhai Mathurbhai Baria on 10 July, 2025
NEUTRAL CITATION
C/FA/2165/2022 JUDGMENT DATED: 10/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2165 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
No
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PIYUSHKUMAR RAMANLAL JOSHI
Versus
KALUBHAI MATHURBHAI BARIA & ORS.
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Appearance:
MR. ADNAN KHAN FOR MR VA MANSURI(2880) 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
UNSERVED EXPIRED (R) for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 10/07/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. Adnan Khan appearing on behalf of Mr. V.A. Mansuri, learned advocate on record for the appellant-original claimant. Learned advocate Mr. H.G. Mazmudar has appeared on behalf of respondent No. 3-Insurance Company. The notice of admission of appeal issued by this Court upon respondent Nos. 1 and 2, is reported to have remained unserved as expired. Noticing the fact Page 1 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined that their interests have been represented by the respondent No. 3- Insurance Company, the matter is taken up for hearing in absence of the heirs of the deceased respondent Nos. 1 and 2.
2. The present appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short, "the Act, 1988") at the instance of the original claimant, being aggrieved and dissatisfied with the judgment and award dated 20.10.2016, passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra in Motor Accident Claim Petition No. 2221 of 2002. By the said impugned judgment and award, though the Tribunal has partly allowed the claim petition of the present appellant-original claimant under Section 166 of the Act, 1988, holding him entitled to compensation of Rs.2,79,303/-, to be realized from the original opponents-respondents herein, jointly and severally, with proportionate costs and interest at the rate of 9% per annum from the date of filing of the claim petition till its realization; however, the Tribunal has not entertained their claim for compensation of Rs.10,00,000/- with interest. Hence, the present appeal at the instance of the original claimant.
3. This Court, considering the grounds raised in the appeal, vide order dated 14.07.2022, had admitted the appeal, and had called for Page 2 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined record and proceedings.
4. Learned advocate appearing for the appellant, at the outset, has submitted that the appellant-original claimant has assailed the impugned judgment and award mainly on the ground of income being determined on lower side and the future rise of the income being not considered by the Tribunal, as well as on the ground that the Tribunal has assessed the disability of the claimant less as compared to what the expert Doctor had opined. While inviting attention of this Court to the findings and reasons assigned by the Tribunal, learned advocate has placed heavy reliance upon the Income Tax Returns of assessment year 2001-2002 produced on record at Exh. 29. Referring to the aforesaid documents, learned advocate has submitted that the accident had taken place on 25.11.2001, whereas the Income Tax Returns produced on record at Exh. 29, were submitted in the month of February- 2002. Noticing the aforesaid dates, the Tribunal had arrived at a conclusion that the same being filed subsequently to the occurrence of the accident, does not deserve consideration. The Tribunal has relied upon the decision of the Hon'ble Supreme Court in the case of V. Subbalakshmi and Ors. vs. S. Lakshmi and Anr. reported in 2008 ACJ 936. Thus, the Tribunal has arrived at a conclusion that looking to the nature of work and the year of the Page 3 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined accident, the monthly income of the claimant can be assessed as Rs.3,000/-.
4.1 Referring to the aforesaid findings and reasons assigned by the Tribunal, learned advocate has submitted that merely because the Income Tax Returns were filed in the month of February-2002, which is subsequent to the occurrence of the accident, cannot be a reason to discard statutory document like Income Tax Returns. He has, therefore, submitted that looking to the nature of work of the claimant, who was even otherwise a Karate champion and was also earning his income by taking classes of Karate, the Tribunal ought to have believed the case of the claimant of earning income of Rs.8,000/- per month. Learned advocate for the appellant has fairly submitted that considering the fact that in the Income Tax Returns, the annual income of the claimant was shown as Rs. 42,815/-, at the most, the income to the extent of Rs.3,568/- could have been considered as the income of the claimant.
4.2 Learned advocate has also placed reliance upon the documents produced on record along with the list at Exh. 34. The attention of this court was invited to the various letters-cum-certificates acknowledging the fact of the original claimant having participated in Page 4 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined various State Level, National Level, and International Level Games of Judo and Karate. He has also extended his services as an Instructor. 4.3 As regards the disability assessed by the Tribunal is concerned, learned advocate has placed heavy reliance upon the Disability Certificate at Exh. 31, issued by the Doctor, who had examined the claimant and has opined that looking to the injuries sustained, the claimant had suffered partial permanent disability to the extent of 70%. The attention of this Court was also invited to the evidence of Doctor- Dilip H. Solanki, who has been examined as witness at Exh. 30 on behalf of the claimant. Referring to his evidence, learned advocate has submitted that the claimant had sustained serious injuries which at some stage led to paralysis of the lower limb. He has also pointed out that the claimant had undergone the operation for bilateral humerus fracture. The injuries were also sustained in the spinal region. Because of the aforesaid injuries, the Doctor had opined that he is unable to walk without support. The much emphasized was made on the fact that upon examination of the claimant, the Doctor has opined that neurological power of ankle and toes have been completely damaged. He has, therefore, submitted that despite cogent material being brought on record in the nature of Disability Certificate and the evidence of medical experts, the Tribunal Page 5 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined has assessed the disability to the extent of 20% only. The attention of this Court was also invited to the findings and reasons assigned by the Tribunal in this regard.
4.4 Assailing the aforesaid findings and reasons assigned by the Tribunal, learned advocate has submitted that the Tribunal committed gross error in ignoring the nature of injuries and resulting disability caused to the claimant. The Tribunal ought to have appreciated the nature of injuries vis-a-vis the nature of work of the claimant. In the peculiar facts of the case, the Tribunal was also required to appreciate the functional disability suffered by the claimant. The reliance was also placed on the recent decision of the Hon'ble Supreme Court in the case of Jitendra Vs. Sadiya & Ors. (Neutral Citation: 2025 (0) INSC 166). Referring to the relevant observations of the Hon'ble Supreme Court, learned advocate has submitted that in the aforesaid case, noticing the nature of injuries sustained by the claimant, the Court had recognized that due to amputation of the right hand of the claimant, who was working as a labourer, was significantly hampered. The Court had disagreed with the view taken by the Tribunal and the High Court, not only on the issue of income of the claimant but also the functional disability suffered by him. The Hon'ble Supreme Court had followed the principles laid down in the case of Gurpreet Kaur Page 6 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined and Ors. vs. United India Insurance Company Limited and Ors. reported in 2022 SCC Online SC 1778, whereby the Court had considered the minimum wages to be followed to be a guiding factor in absence of any evidence being available to evaluate the monthly income. Learned advocate has, therefore, pointed out that the Court had increased the percentage of functional disability from 60% to 80% in the facts of the case.
4.5 By referring to the aforesaid legal principles, learned advocate has urged this Court to consider the functional disability as well, while pressing for enhancement of the percentage of disability as against that assessed by the Tribunal.
4.6 By making the aforesaid submissions, learned advocate has urged this Court to allow the appeal, and to enhance the amount of compensation. The prayer was also sought for to consider the enhancement of amount of compensation under the conventional heads as well.
5. Learned advocate Mr. H.G. Mazmudar appearing for the respondent No. 3-Insurance Company, has vehemently objected to the aforesaid submissions made by learned advocate for the appellant. Page 7 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025
NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined Learned advocate has mainly relied upon the findings and reasons assigned by the Tribunal on the aforesaid issues. According to the learned advocate, no error can be found with the findings of the Tribunal that the Income Tax Returns produced on record at Exh. 29, were filed subsequently after the occurrence of the accident. In such circumstances, the Tribunal has applied the legal principles laid down by the Hon'ble Supreme Court in the case of V. Subbalakshmi (supra). He has, therefore, submitted that this Court may not interfere with the findings and reasons, and the income assessed by the Tribunal is just and reasonable in the facts and circumstances of the case. So far as the reliance placed on the certificates produced on record to demonstrate the nature of work of the claimant, learned advocate has drawn my attention to the fact that the aforesaid documents were brought on record subsequently after the evidence of the claimant was completed. He has, therefore, submitted that in absence of any proof of the aforesaid documents being brought on record, the Tribunal has rightly not admitted such documents, to be read as an evidence. He has, therefore, urged this Court to discard the aforesaid documents produced on record, to be read as an evidence. 5.1 As regards the submissions made by the learned advocate on the issue of disability is concerned, the learned advocate has mainly Page 8 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined relied upon the cross-examination of the Medical Expert, who has been examined as witness by the original claimant. Referring to the relevant part of his evidence, learned advocate has pointed out that despite he having opined about the disability of the claimant permanent partial disability to the extent of 70%, in his cross- examination, he has opined that the aforesaid disability can be reconsidered to the extent of 56% of body as a whole. He has, therefore, submitted that the aforesaid witness is not reliable and in the absence of any satisfactory proof of the disability being brought on record, in the peculiar facts of the case, looking to the nature of injuries, the Tribunal has rightly assessed the disability of the claimant to the extent of 20% of body as a whole. At this stage, learned advocate has placed reliance upon the decision of the Hon'ble Division Bench of this Court in the case of New India Assurance Company Limited vs. Ratilal Jivabhai Patel and Others reported in 1996 (2) GLH 712, to contend that in a case where the evidence of disability of the right lower limb was brought on record, determining the permanent partial disablement of the claimant at 72%, in relation to the entire body it was worked out to one fourth i.e. 18%. The Hon'ble Division Bench has, therefore, quashed and set aside the order passed by the Tribunal determining the disability of the claimant to the tune of 50% of body as a whole.
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NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined 5.2 By referring to the aforesaid decision of the Hon'ble Division Bench of this Court, learned advocate has contended that even considering the nature of injuries sustained in the lower limb, one- fourth of body as a whole can be considered to assess the disability sustained by the claimant of body as a whole. He has, therefore, submitted that even considering the 70% disability opined by the Doctor as evident from the Disability Certificate produced on record at Exh. 31, the disability at the most can be considered to the extent of 20% of the body as a whole. He has, therefore, submitted that no error can be found with the approach of the Tribunal in determining the disability of the claimant to the extent of 20% of body as a whole. 5.3 As regards the submissions made by the learned advocate to reconsider the amount of compensation on the conventional heads is concerned, learned advocate has submitted that looking to the nature of injuries sustained, the Court may consider appropriately. He has, therefore, urged this Court to not interfere with the impugned judgment and award, as according to him, the Tribunal has determined the just and reasonable amount of compensation.
6. Having heard the learned advocates appearing for the respective parties and having perused the findings and reasons Page 10 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined assigned by the Tribunal on the aforesaid issues raised for consideration for this Court, upon close examination of the evidence brought on record, more particularly, the Income Tax Returns produced on record at Exh. 29, admittedly, the Income Tax Returns have been filed on 18.02.2002 for the assessment year of 2001-2002. This Court is called upon to examine as to whether the approach of the Tribunal, was correct in discarding the aforesaid evidence for the purpose of assessment of the income of the claimant. Learned advocate for the appellant, during the course of the hearing, has invited my attention to the evidence of the Chartered Accountant, who has been examined as witness at exh. 28, who has verified the fact that the income tax returns for assessment year 2001-2002 were submitted. The annual income of the claimant for the aforesaid assessment year was shown as Rs.42,815/-, and having considered the aforesaid evidence on record, this Court is of the view that just because the date of the accident was 25.11.2001, and the Income Tax Returns being submitted subsequently, cannot be the yardstick to arrive at a conclusion that the evidence produced on record is required to be ignored. More particularly, considering the fact that generally, the Income Tax Return would be submitted at the end of the assessment year. The assessment year, for which, the Income Tax Returns were submitted in the month of February-2002 relates to the Page 11 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined assessment period which starts from 01.04.2001 to 31.03.2002. Thus, the income earned during the aforesaid period would be reflected in the Income Tax Return for the assessment year. To reject the return on the sole ground that the Income Tax Return was submitted later on, cannot be a valid reason to discard the Income Tax Return. Even otherwise, the Income Tax Return is a legally admissible document on which the income assessment can be done.
7. The Hon'ble Supreme Court in the case of Malarvizhi and Others v. United India Insurance Company Limited and Another reported in (2020) 4 SCC 228, has affirmed that the determination of income must proceed on the basis of Income Tax Returns, when available, being a statutory document. Considering the aforesaid legal position, this Court is inclined to accept the submissions of the learned advocate for the appellant-original claimant. The relevance of Income Tax Returns can be considered for the purpose of assessment of income in the present case as well.
8. For the foregoing reasons, this Court is of the view that the Tribunal committed error in discarding the evidence produced on record in the form of the Income Tax Returns at Exh. 29 for the purpose of determination of income of the claimant. Considering the Page 12 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined income of Rs. 42,815/- per annum reflected in the Income Tax Returns filed for assessment year 2001-2002, which includes the date of the accident, this Court is inclined to accept the submissions of learned advocate for the appellant, and the income of the claimant is assessed as Rs. 3,568/- per month.
9. This brings me to the issue of disability. Learned advocates appearing for the respective parties have mainly referred to the Disability Certificate produced on record at Exh. 31 and the evidence of the Doctor, who has been examined at Exh. 30. Upon close appreciation of the aforesaid evidence brought on record, it transpires that because of the vehicular accident, the claimant has sustained injuries to the pelvis his right and left arm back and spine scrotum faces has been affected. The Disability Certificate indicates that the legence have developed in his Lumbar L4-L5 disc herniation with root legence. The surgical emphysema of scrotum has also been undertaken. The claimant was operated for bilateral fracture of humerus bone. Noticing the aforesaid injuries, the Doctor, who is a consulting Orthopedic Surgeon, upon close-examination of the claimant, has opined that he faces difficulty in sitting crossly, he is unable to walk without support. He is unable to sit for long time. He suffers from pain of fracture side of humerus bone and has restricted Page 13 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined movement in his arms. The tenderness noticed in shoulder, which has resulted in hampering smooth rotation. The grip strength is weak. The Doctor has further opined that neurological power of ankle and toes has been vitally affected. Referring to the aforesaid nature of the injuries, the doctor has opined that he has sustained 70% partial permanent disability. The said doctor has also been cross-examined by the advocate for the Insurance Company, who has agreed to the suggestion that the disability can be considered to the extent of 56% of body as a whole. He has also admitted that after the injuries are cured, the person can perform his work in a routine manner.
10. Considering the aforesaid evidence of the medical expert and in light of the disability certificate issued, this Court is of the view that the Tribunal ought to have taken into consideration the functional disability in the peculiar facts and circumstances of the case. In the opinion of this Court, the Tribunal committed error in assessing the disability to the extent of 20% of body as a whole. The findings and reasons assigned by the Tribunal, go to suggest that the Tribunal had mainly focused on the injuries sustained by the claimant in the lower limb and at the same time had ignored the other injuries which had vitally affected the claimant. The Tribunal ought to have taken into consideration the nature of work with which the claimant was Page 14 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined associated prior to the accident. In light of the disability certificate produced on record, looking to the injuries caused for a sport person like Appellant, such trauma has certainly lead to abrupt end of a career in sports. In the opinion of this Court, the Tribunal failed to exercise its jurisdiction and acted in ungenerous manner in awarding just and proper compensation in facts of the case. Appropriate would be looked into relevant observations of Hon'ble Supreme Court in the case of General Manager, Kerala State Road Transport Corporation vs. Susamma Thomas reported in (1994) 2 SCC 176, marking the object of providing compensation, which reads as under:
"The determination of the quantum must answer what contemporary society "would deem to be a fair sum such as would allow the wrongdoer to hold up his head among his neighbors and say with their approval that he has done the fair thing". The amount awarded must not be niggardly since the "law values life and limb in a free society in generous scales". All this means that the sum awarded must be fair and reasonable by accepted legal standards."
10.1 As regards the broad perspective of assessing damages objectively and to exclude conjecture with reference to disability and its consequences inevitable has been considered by Hon'ble Supreme Court in case of Raj Kumar vs Ajay Kumar & Anr reported in (2011) 1 SCC 343, highlighting the manner in which the Tribunal/Courts should Page 15 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined proceed to decide permanent disability and its effect on the actual earning capacity. Appropriate would be to consider observations made, which are as under:
"12. Therefore, the Tribunal has to first decide whether there is any permanent disability and if so the extent of such permanent disability. This means that the tribunal should consider and decide with reference to the evidence:
(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.
If the Tribunal concludes that there is no permanent disability then there is no question of proceeding further and determining the loss of future earning capacity. But if the Tribunal concludes that there is permanent disability then it will proceed to ascertain its extent. After the Tribunal ascertains the actual extent of permanent disability of the claimant based on the medical Page 16 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined evidence, it has to determine whether such permanent disability has affected or will affect his earning capacity.
13. Ascertainment of the effect of the permanent disability on the actual earning capacity involves three steps. The Tribunal has to first ascertain 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 ability (this is also relevant for awarding compensation under the head of loss of amenities of life). The second step is to ascertain his avocation, profession and nature of work before the accident, as also his age. The third step is to find out whether (i) 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 earlier 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.
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 Page 17 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined 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."
10.2 Keeping in mind aforesaid principles, if the record is appreciated, it has transpired that the claimant was engaged as an Instructor and has also participated in various tournaments at State Page 18 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined Level, National Level, and International Level Games of Karate and Judo. Though the aforesaid documents have been produced on record by the claimant subsequently after his evidence was over. However, this Court is inclined to accept the case of the claimant, looking to the material produced on record. Looking to the benevolent piece of legislation, there is no reason for this Court to disbelieve the case of the claimant of being engaged in the aforesaid activities.
11. Considering the nature of work with which the claimant was engaged prior to the accident and the nature of injuries sustained by the claimant, the functional disability of the claimant is vitally affected. In the opinion of this Court, the Tribunal ought to have considered the disability of the claimant to the extent of 70% of body as a whole, more particularly, when the injuries were not confined to the lower limb but had also affected the Lumbar L4-L5 disc herniation, which would certainly affect the activities of the claimant, which would not permit him to participate in the games of Judo and Karate, which otherwise he would have performed. Considering the overall evidence on record, this Court is inclined to enhance the amount of compensation.
12. As regards enhancement prayed for under the conventional heads are concerned, looking to the nature of injuries sustained and Page 19 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025 NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined the period of hospitalization of 2 months, this Court is inclined to enhance the amount of compensation towards actual loss and conventional heads. For the foregoing reasons, the amount of compensation under different heads are reconsidered as under:
Under the Head of Compensation of Rs.
Future loss of income 7,13,388
Monthly income = 3568/-
Prospective Income= 40%
(Rs.3568+40%) = 4995/-
Disability = 70%
(Rs.4995 x 70%) = 3497/-
(3497x12x17)
Actual loss of income 7136/-
Medical Expenses 1,27,903/-
Special diet, transportation & attendant 20,000/-
charges
Mental pain, shock, and suffering 50,000/-
Total compensation 9,18,427/-
Less awarded amount of compensation 2,79,303/-
by Tribunal
Enhanced amount 6,39,124/-
(Rs. 9,18,427- Rs.2,79,303)
Interest @9%
13. With the above, the impugned judgment and award dated 20.10.2016, passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra in Motor Accident Claim Petition No. 2221 of 2002, is hereby modified by enhancing the amount of Rs. 6,39,124/- Page 20 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025
NEUTRAL CITATION C/FA/2165/2022 JUDGMENT DATED: 10/07/2025 undefined towards total compensation to be awarded to the original claimant- appellant herein with proportionate costs and interest at the rate of 9% per annum from the date of filing of claim petition till its actual realization.
14. The respondents are held jointly and severally liable and directed to deposit the enhanced amount of compensation with proportionate cost and interest within a period of eight weeks from the date of receipt of the copy of this order. On deposit of the aforesaid enhanced amount by the respondents, the Tribunal is directed to release and disburse the entire award amount in favour of the original claimant, subject to due verification, strictly in accordance with the guidelines issued by the Hon'ble Supreme Court in this regard. While making the payment, learned Tribunal shall deduct the Court Fess, if not paid, in accordance with prevailing Rules. Let the aforesaid exercise be undertaken by the Tribunal within a period of two weeks from the date of deposit of the award amount.
15. With these observations, present First Appeal stands disposed of in aforesaid terms. Registry is directed to send back the record and proceedings to the concerned Tribunal forthwith.
(NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 21 of 21 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Jul 19 2025 Downloaded on : Fri Jul 25 23:14:05 IST 2025