C/FA/1574/2025 JUDGMENT DATED: 23/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1574 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ============================================== Approved for Reporting Yes No ============================================== GUNIBEN DINESHBHAI MAKWANA & ORS. Versus GOHIL RAVIRAJSINH JANAKSINH & ANR. ============================================== Appearance: NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4 RULE SERVED for the Defendant(s) No. 1,2 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 23/12/2025 ORAL JUDGMENT 1) Feeling aggrieved and dissatisfied with the judgment and award dated 10.10.2024 passed by learned Motor Accident Claims Tribunal (Main), Rajkot (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.1272 of 2014, the appellants – original claimants have preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (which shall hereinafter be referred to as "the Act" for short). 2) Heard Mr. N. A. Bhalodi, learned Advocate for the appellants – original Claimants. The respondents were duly served on 07.07.2025, but none appeared before this Court. Perused the original record and proceedings. Page 1 of 5 C/FA/1574/2025 JUDGMENT DATED: 23/12/2025 3) It is the case of the appellants that on 27.05.2014 the deceased Dineshbhai (who shall hereinafter be referred to as “deceased”) was on his duty as cleaner in Truck bearing Reg. No.GJ-11-X-9711 and driver of said truck was driving the truck in full speed and in rash and negligent manner and dashed with a person namely Ranjankumar Pradip Dangi and caused serious injuries who later on succumbed to the injuries. The driver of the truck fled away leaving the truck on the spot of accident and due to such accident people gathered there and beaten the deceased and caused grievous injuries including fracture and later succumbed to the injuries. Therefore, the appellants had filed MAC Petition seeking compensation, wherein, the learned Tribunal after appreciating the evidence produced on record has partly allowed the claim petition. 4) The appeal is filed on limited ground that the learned Tribunal has not considered minimum wages and awarded notional income of the deceased and erred in awarding meagre amount towards consortium. Moreover, the respondents were duly served but did not appear before this Court to defence their case. Hence, the present appeal is decided in narrow compass. 5) As per the law laid down by the Hon’ble Supreme Court in the case of Govind Yadav Vs. National Insurance Co. Ltd., reported in 2012(1) TAC 1 (SC), that if no proof of income is produced on the record then Tribunal has to consider prevalent minimum wages in absence of evidence of monthly income of the deceased. In the present case the accident occurred on 27.05.2014 and during that time the deceased was working as cleaner and his income is required to be assessed as per the rate of minimum wages, whereas, the Tribunal has assessed the income of the deceased as C/FA/1574/2025 JUDGMENT DATED: 23/12/2025 Rs.2,500/- per month which is required to be enhanced and hence, the income of the deceased is reassessed as Rs.6,000/- per month. Further, the learned Tribunal has considered future prospective income as 25% and as the deceased was 28 years old and having four dependents 1/4 deduction as personal expenditure and living of the deceased and multiplier of 17 were considered by the learned Tribunal as per the judgment of the Apex Court in the case of Sarla Verma (Smt) & Ors. Vs. Delhi Transport Corporation & Anr. [2009 (6) SCC 121] and National Insurance Company Ltd. Vs. Pranay Sethi, reported in 2017 ACJ 2700, which are just and proper. 6) Therefore, recalculating the income of the deceased as Rs.6,000/- and future prospect of 40% = Rs.2,400/- which comes to to Rs.8,400/- and 1/4 amount is required to be deducted as personal expenditure and living of the deceased which comes to Rs.2,100/- and the net amount comes to Rs.6,300/-. In view of above the amount towards future loss of income is required to be reassessed as Rs.6,300/- x 12 x 17 = Rs.12,85,200/-. Therefore, the appellants are entitled to get additional amount of Rs.7,49,700/- towards future loss of income. 7) Further, the learned Tribunal by relying on the judgment of National Insurance Company Ltd. Vs. Pranay Sethi, reported in 2017 ACJ 2700, has awarded total Rs.30,000/- towards two conventional heads, however, this Court is of the view that amount is required to be reassessed as Rs.18,150/- towards loss of estate, Rs.18,150/- towards funeral expenses. Therefore, the appellants – original claimants are entitled for additional amount of Rs.6,300/- (i.e. Rs.18,150/- - Rs.15,000/- = Rs.3,150/- towards loss of estate C/FA/1574/2025 JUDGMENT DATED: 23/12/2025 and Rs.18,150/- - Rs.15,000/- = Rs.3,150/- towards funeral expenses). 8) Further, in view of ratio laid down by the Hon’ble Supreme Court in the case of Magma General Insurance Co. Ltd., Vs. Nanu Ram, reported in (2018) 18 SCC 130 and Janabai Wd/o Dinkarrao Ghorpade & Ors., Vs M/s ICICI Lambord Insurance Company Ltd., reported in 2022 LiveLaw (SC) 666, the learned Tribunal has committed error in awarding total Rs.1,60,000/- towards loss of consortium, however, in view of above judgments the appellants – original claimants being legal heirs of the deceased they are entitled for Rs.48,400/- each towards the head of loss of consortium. Therefore, the amount towards loss of consortium is reassessed as Rs.1,93,600/- (i.e. Rs.48,400/- X 4). Therefore, the appellants are entitled for additional amount of Rs.33,600/- under the head of loss of consortium. 9) As discussed above, the appellants – original claimants are entitled to get compensation computed as under: Heads Awarded by Tribunal Reassessed by this Court Future loss of income Rs.5,35,500/- Rs.12,85,200/- including additional amount of Rs.7,49,700/- Loss of estate Rs.15,000/- Rs.18,150/- including additional amount of Rs.3,150/- Funeral expenses Rs.15,000/- Rs.18,150/- including additional amount of Rs.3,150/- Loss of consortium Rs.1,60,000/- Rs.1,93,600/- including additional amount of Rs.33,600/- (Rs.48,400/- X 4) C/FA/1574/2025 JUDGMENT DATED: 23/12/2025 Total compensation Rs.7,25,500/- Rs.15,15,100/- including total additional amount of Rs.7,89,600/- 10) In view of above, as the Tribunal has awarded total compensation of Rs.7,25,500/-, however, as discussed above the appellants are entitled to get additional amount of Rs.7,89,600/- (Rs.15,15,100/- - Rs.7,25,500/-) with proportionate costs and interest as awarded by the learned Tribunal. 11) Hence, present appeal is allowed. 11) Hence, present appeal is allowed. The judgment and award dated 10.10.2024 passed by learned Motor Accident Claims Tribunal (Main), Rajkot, in MAC Petition No.1272 of 2014 stands modified to the aforesaid extent. Rest of the judgment and award remains unaltered. The respondent no.2 - Insurance Company shall deposit the said additional amount of Rs.7,89,600/- 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. 12) The learned Tribunal is directed to recover or deduct the deficit court fees on enhanced amount and thereafter disburse the amount accordingly. 13) 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 29/12/2025 14:03:25