IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 604 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

Approved for Reporting Yes No √

==========================================================

ANANDBEN SHIVRAJBHAI KHACHAR & ORS.

Versus NATHUBHAI BHIKHABHAI & ORS.

==========================================================

Appearance:

MR AR SHAH(7768) for the Appellant(s) No. 1,2,3 MR KAASH K THAKKAR(7332) for the Appellant(s) No. 1,2,3 MR CHINTAN M ADESHARA(12794) for the Defendant(s) No. 1,2 MR GC MAZMUDAR(1193) for the Defendant(s) No. 3 MR HG MAZMUDAR(1194) for the Defendant(s) No. 3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 02/03/2026

JUDGMENT

ADMIT. Learned advocate Mr. Chintan M. Adeshara waives service of notice of Admission for and on behalf of the respondent Nos.1 and 2 and learned advocate Mr. H.C. Mazmudar waives service of notice of Admission for and on behalf of respondent No.3. With the consent of learned advocates appearing for the respective parties, appeal is taken up for final hearing today.

[1.0] Feeling aggrieved by and dissatisfied with the impugned judgment and award dated 20.12.2024 passed by learned Motor Accident Claims Tribunal (Main), Surendranagar (hereinafter referred to as "the Tribunal" for short) in Motor Accident Claim Petition No.90/2022, the appellants herein – original claimants have preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

[2.0] Heard Mr. Kaash Thakkar, learned Advocate for the appellants – original claimants, learned advocate Mr. Chintan M. Adeshara for respondent Nos.1 and 2 and learned advocate Mr. H.C. Mazmudar for respondent No.3.

[3.0] It is the case of the original claimants that on 17.06.2022, deceased Shirajbhai Shantubhai Khachar was driving Motorcycle bearing No.GJ-01-CE-3945 carefully on the side of the road and at about 8.00 to 8.30 a.m., when the deceased reached at the place of accident, opponent No.2 came from behind driving Bolero Pick Up Vehicle bearing No.GJ-13-AW-6250 with excessive speed in rash and negligent manner and dashed the motorcycle of the deceased as a result of which accident occurred and deceased succumbed grievous injuries and died. Therefore, the claim petition was filed by the original claimants – legal heirs of the deceased to get compensation of Rs.25,00,000/- from the opponents. After appreciating the evidence produced on record, the learned Tribunal awarded compensation of Rs.10,52,000/- along with cost and interest @ 9% p.a.

[4.0] The appeal is filed only on the ground of quantum and no issue qua negligence or liability is raised. Learned counsel for the claimants has argued that the learned Tribunal has committed an error in considering the income of deceased at Rs.7500/- though the deceased was earning Rs.3 lakh per annum by doing agriculture work and Rs.10,000/- per month from animal husbandry. He has submitted that though evidence qua income of deceased was produced, same was not considered and therefore, he has submitted that the learned Tribunal ought to have considered atleast minimum wages prevalent in the year 2022 as the accident occurred in June, 2022 and even compensation under the head of loss of consortium is not awarded by the learned Tribunal. Hence, he has prayed to allow the appeal as prayed for.

[5.0] Learned advocates appearing for respective respondents have opposed the present appeal and submitted that, the Tribunal has rightly awarded compensation in absence of any evidence of income and adequate compensation is awarded under the head of loss of consortium. Therefore, requested to dismiss the appeal.

[6.0] Having considered the submissions made by learned counsel for the parties, it appears that the appeal is filed only on the aspect of quantum and liability is not challenged. The Insurance Com