C/FA/3278/2025 JUDGMENT DATED: 08/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3278 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Sd/- ========================================================== Approved for Reporting Yes No ✔ ========================================================== THE NEW INDIA INSURANCE CO. LTD. Versus KALPESHBHAI CHHAGANBHAI VASAVA & ORS. ========================================================== Appearance: MR YOGI K GADHIA(5913) for the Appellant(s) No. 1 MS KIRTI S PATHAK(9966) for the Defendant(s) No. 5 NISHIT A BHALODI(9597) for the Defendant(s) No. 1 NOTICE SERVED for the Defendant(s) No. 3,4 UNSERVED EXPIRED (N) for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/12/2025 ORAL JUDGMENT 1 This appeal has been preferred by the appellant-Insurance Company against the judgment and award dated 17.10.2024 passed by the Motor Accident Claims Tribunal (Auxi.) Bharuch in Motor Accident Claim Petition No.309 of 2018. 2. Heard learned advocates for the respective parties. 3. The brief facts of the appeal is that The facts giving rise to the present claim are that on 09.06.2018, the claimant had gone to Sagbara Police Station in connection with his official duty. Thereafter, he, along with opponent No. 4, proceeded for the night-round duty on a motorcycle bearing Registration No. GJ- 22-K-3480, which was being driven by opponent No. 4 at a moderate speed on the correct side of the road. At that time, opponent No. 1, while driving a car bearing Registration No. GJ- C/FA/3278/2025 JUDGMENT DATED: 08/12/2025 13-IC-0982, came from behind at a high and uncontrollable speed and, in a rash and negligent manner, dashed the motorcycle from the rear side. Due to the impact, the claimant fell on the road and sustained grievous injuries Hence, the claimant has filed the present claim petition seeking compensation under various heads from the opponents. 4. The appellant-Insurance Company, by preferring the present appeal, has inter alia contended that the learned Tribunal has not properly appreciated the evidence on record and has awarded compensation on the higher side. The appellant has assailed the award mainly on the ground that the learned Tribunal has erred in considering the prospective income. The learned Tribunal has taken 70% prospective income instead of 40%, which is not in accordance with the judgment of the Hon'ble Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680. Hence, the present appeal is filed on the limited ground that the learned Tribunal ought to have considered only 40% prospective income. Accordingly, it is prayed that the amount of compensation be suitably reduced. 5. On the other hand, the learned advocate appearing for the respondents has strongly opposed the appeal and submitted that the learned Tribunal has rightly awarded just and proper compensation in view of the evidence available on record. Therefore, this Court should not interfere with the award passed by the learned Tribunal. It is further submitted that the learned Tribunal has passed the impugned judgment and award after taking into consideration the entire material on record and hence, no interference is called for at the hands of this Court C/FA/3278/2025 JUDGMENT DATED: 08/12/2025 and the present appeal may be dismissed. 6. Having heard the learned advocates for the respective parties and perused the record, it appears that the claimant was serving as a Lok Rakshak Dal with a monthly income of Rs. 19,750/-. His age at the time of the accident was 25 years (i.e., below 40 years), which is undisputed, and the disability assessed at 70% is also not in dispute. In view of the law laid down by the Hon'ble Supreme Court in Pranay Sethi (supra), an enhancement of 40% towards future prospects is applicable. Therefore, the learned Tribunal erred to that extent, and its finding is perverse and requires interference. 7. In view of the above, the Tribunal has assess the annual income of the claimant to be Rs.2,37,000/- which is just and proper and after applying 40% enhancement towards future prospects, the additional amount comes to Rs. 94,800/- (Rs.2,37,000 × 40%). Thus, the total annual income, after adding future prospects, comes to Rs. 3,31,800/-. As the doctor has certified disability to the extent of 70%, the annual loss of income comes to Rs. 2,32,260/- (Rs. 3,31,800 × 70%). By applying the multiplier of 18, the total amount comes to Rs. 41,80,680/ (Rs.2,32,260 × 18). Therefore, the claimant is entitled to Rs. 41,80,680/- towards future loss of income. After recalculating the other heads amount comes as under: Sr. No. Nature of heads Amount 1 Future loss of income Rs.41,80,680/- 2 PSS Rs.1,00,000/- C/FA/3278/2025 JUDGMENT DATED: 08/12/2025 3 Special diet, Attendant and Transportation Rs.50,000/- 4 Actual loss of income Rs.1,60,552 5 Actual medical expenses Rs.420271/- Total Rs.49,11,503/- 12. For the reasons recorded above, the appeal is allowed. The impugned judgment and award dated 17.10.2024 passed by the Motor Accident Claims Tribunal (Auxi.), Bharuch in Motor Accident Claim Petition No.309 of 2018 is hereby modified, and the compensation amount of Rs. 58,07,363/- awarded by the Tribunal is reduced to Rs. 49,11,530/-. Now the claimant is entitled to receive Rs. 49,11,530/- towards compensation with interest at the rate of 9% per annum from the date of filing of the claim petition till realization. If the amount has already been deposited by the Insurance Company, the Insurance Company shall be entitled to recover the difference amount, i.e., Rs. 8,95,860/- The Insurance Company shall deposit the said amount of compensation 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. On such deposit, the learned Tribunal shall disburse the same to the original claimant by account-payee cheque upon due identification and verification. No order as to costs. The Registry is directed to return the Record and Proceedings, if any, to the learned Tribunal forthwith. Sd/- (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 08/12/2025 18:18:10