Authority: High Court of Gujarat, Ahmedabad
Order Date: 03/11/2026
Case Overview
- Appeal No. 2446 of 2020 filed under Section 173 of the Motor Vehicles Act, 1988 by appellant‑original claimant Kiransinh Javansinh Thakor against Yogeshkumar Dahyabhai Patel & Ors. and the insurance company (respondent No. 3).
- The appeal challenges the Motor Accident Claims Tribunal (Aux.), Anand award dated 08.11.2019 in MACP No. 24 of 2014, alleging that compensation was low, future prospects and minimum wages were not considered, and that a 15% negligence deduction for the deceased driver was impermissible for a pillion rider.
- The claimant was a pillion rider on motorcycle registration GJ‑24‑D‑4483, driven by the deceased Kanuji Nenaji Thakor, who was attributed 15% negligence by the Tribunal.
- The Tribunal had assessed the claimant’s monthly income at Rs 4,000; the Court considered the minimum wage for 2011 (Rs 5,750) as the appropriate income base and applied a 40% addition for future prospects per National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC 680, resulting in a revised monthly income of Rs 8,050.
- Disability was assessed at 36% with a multiplier of 18, influencing the future loss of income calculation.
Reassessment of Compensation Heads
| Head | Awarded by Tribunal | Reassessed by Court |
| Future Loss of Income | Rs 3,11,040 | Rs 6,25,968 |
| Pain, Shock & Suffering | Rs 50,000 | Rs 75,000 |
| Medical Expenses | Rs 3,76,010 | Rs 3,76,010 (unchanged) |
| Actual Loss of Income (6 months) | Rs 24,000 | Rs 34,500 (Rs 5,750 × 6) |
| Special Diet & Attendant Charges | Rs 20,000 | Rs 20,000 (unchanged) |
| Total | Rs 7,81,050 | Rs 11,31,478 |
| Less: 15% contributory negligence | Rs 1,17,157.50 | Nil |
| Net Compensation | Rs 6,63,892.50 | Rs 11,31,478 |
| Less: Compensation already awarded by Tribunal | – | Rs 6,63,892 |
| Enhanced Compensation Payable | – | Rs 4,67,586 |
- The 15% deduction for driver negligence was removed as the claimant was a pillion rider, constituting composite negligence.
Final Outcome
- The appeal is partly allowed.
- The insurance company is directed to deposit the enhanced amount of Rs 4,67,586 with interest at 9% per annum from the date of filing of the claim petition until realization, within six weeks of receipt of this order.
- All other directions of the learned Tribunal remain unchanged.
- The Tribunal shall disburse the entire awarded amount, including any fixed‑deposit balances, by account‑payee cheque or NEFT/RTGS after verification, deducting any court fees as per applicable rules.
- The record and proceedings are to be sent back to the Tribunal for drawing the award accordingly.
Topics: Compensation, Motor Accident