C/FA/3076/2023 JUDGMENT DATED: 10/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3076 of 2023 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ============================================ Approved for Reporting Yes No ============================================ TAUSIF HUSAIN KALU Versus SALIMBHAI ABDULBHAI SALIYAWALA & ORS. ============================================ Appearance: NISHIT A BHALODI(9597) for the Appellant(s) No. 1 MR. ALKESH N SHAH(3749) for the Defendant(s) No. 3 RULE NOT RECD BACK for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 2 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/11/2025 ORAL JUDGMENT 1) Feeling aggrieved by and dissatisfied with the judgments and award dated 19.12.2022 passed by learned Motor Accident Claims Tribunal (Main), Panchmahals at Godhra (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.483 of 2019, the appellant – original claimant preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short). 2) Heard Mr. N. A. Bhalodi, learned Advocate for the appellant – C/FA/3076/2023 JUDGMENT DATED: 10/11/2025 original Claimant and Mr. A. N. Shah, learned Advocate for respondent – Insurance Company. Perused the original record and proceedings. 3) It is the case of the appellant that on 15.06.2019 the deceased Irfanbhai Husainbhai Shaikh was riding motorcycle bearing Reg. No.GJ-07-AP-3141 alongwith his minor child Tausif Husain Kalu i.e. appellant herein, at moderate speed and on side of the road. At about 18:30 hous, they reached to road situated opposite to ITI, Kapdi, Devgarh Baria, at that time the respondent no.1 herein came riding motorcycle bearing Reg. No.GJ-23-AA-1751 at high speed in rash and negligent manner and dashed with motorcycle. As a result of which Irfanbhai Husainbhai received fatal injuries and minor Tausif Husain Kalu i.e. appellant herein had received multiple injuries. The complaint being I- C.R.No.63/2019 was registered with Baria Police Station. Therefore, the appellant has filed MAC Petition seeking compensation. After appreciating the evidence produced on record the learned Tribunal was pleased to partly allowed both the claim petitions. 4) The appeal is filed on limited ground that the learned Tribunal has committed error by allowing total compensation of Rs.1,40,000/- under all combined head as lump-sum compensation as injured was minor and he suffered 14% disability body as a whole the learned Tribunal ought to have passed the award for compensation of Rs.3,00,000/- in light of the case of Master Mallikarjun vs. Divisional Manager, The National Ins. Co. Ltd., reported in (2014) 14 SCC 396. 5) It is undisputed fact that the factum of incident and disability remained unchallenged and the limited challenge is given in the present appeal is that though minor has sustained 14% disability C/FA/3076/2023 JUDGMENT DATED: 10/11/2025 a lump-sum amount towards all heads is given Rs.1,40,000/- which is required to be awarded Rs.3,00,000/- as the Hon’ble Apex Court in Master Mallikarjun (supra) in para 12 held which reads as under: “Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Rs.1 lakh, unless there are exceptional circumstances to take different yardstick.” 6) Herein the disability is more than 10% and for the permanent disability upto 10% which is required to be awarded Rs.1 lakh as body as whole if the disability is above 10% upto 30% then Rs.3 lakhs is required to be awarded. In view of above without discussing further about the merits and factum of accident as limited challenge is given in the present appeal the awarded compensation of Rs.1,40,000/- is enhanced to Rs.3,00,000/-. The appellant is entitled to receive additional amount of Rs.1,60,000/- with proportionate costs and interest as awarded by the learned Tribunal. 7) Hence, present appeal is allowed. The judgment and award dated 19.12.2022 passed by learned Motor Accident Claims Tribunal (Main), Panchmahals at Godhra, in MAC Petition No.483 of 2019 stands modified to the aforesaid extent. Rest of the C/FA/3076/2023 JUDGMENT DATED: 10/11/2025 judgment and award remains unaltered. It is provided that respondent No.3 – Insurance Company shall deposit said additional amount of Rs.1,60,000 along with interest as awarded by the Tribunal, before the Tribunal within a period of four weeks from the date of receipt of this order. Record and proceedings be remitted back to the concerned Tribunal forthwith. 8) The learned Tribunal is directed to recover or deduct the deficit court fees on enhanced amount and thereafter disburse the amount accordingly. 9) Award to be drawn accordingly. (HASMUKH D. SUTHAR,J) ANKIT JANSARI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 11/11/2025 17:27:16