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NEUTRAL CITATION

C/FA/2088/2015 JUDGMENT DATED: 24/03/2026

0.17395945407169344

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2088 of 2015 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE NISHA M. THAKORE ==========================================================

Approved for Reporting Yes No ==========================================================

JAHEDA MAHAMMAD UMAR NANDOLIYA & ORS.

Versus RAMCHANDRA UDHARAM MEGHVAL & ORS.

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

Appearance:

MR TUSHAR L SHETH(3920) for the Appellant(s) No. 1,2,3 DELETED for the Defendant(s) No. 1,4 MR GC MAZMUDAR(1193) for the Defendant(s) No. 5 MR HG MAZMUDAR(1194) for the Defendant(s) No. 5

MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 2 ==========================================================

CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 24/03/2026

ORAL JUDGMENT

1. The present Appeal is filed at the instance of original claimants under Section 173 of the Motor Vehicles Act, 1988, being aggrieved and dissatisfied with the judgment and award dated 15.07.2013, passed by the Motor Accident Claims Tribunal, (Aux), Banaskantha at Palanpur in MACP No. 71 of 2003. By the said judgment and award, the Tribunal has partly allowed the claim petition preferred by the original claimants-appellants herein under Section 166 of the Act, 1988, holding them entitled to recover sum of Rs. 4,89,799/- with interest at the rate of 8.5% to be realised

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NEUTRAL CITATION

C/FA/2088/2015 JUDGMENT DATED: 24/03/2026

0.17395945407169344

from the date of filing of such claim petition till its actual realisation. The Tribunal has further held the original opponents No. 2 to 5 jointly and severally liable apportioning their liability to the extent of 65%:35% to pay such amount of compensation to the claimants. However, in the process the Tribunal has not entertained the claim of the compensation of the claimants for the entire amount of Rs. 8 lakhs. Hence, the present appeal praying for

enhancement of the amount of compensation.

2. Considering the grounds raised in the appeal and the submissions advanced by learned advocate for the appellant, this Court vide order dated 05.01.2016 had admitted the appeal. The record suggest that the notice of admission was duly served upon the respondents No. 2,3 and 5, however, since the notice could not be effected upon respondents No.1 and 4, the said respondents were deleted from the array of parties as being the driver of the vehicles

involved. The record and proceedings were called for.

3. The appeal was peremptorily taken up for final hearing with the able assistance of learned advocates on

record for the respective parties.

4. Learned advocate Mr. Tushar Sheth appearing on behalf of the appellants original claimants has assailed the impugned judgement and award mainly on the ground of quantum of compensation being determined on lower side. It was submitted that the Tribunal committed grave error in confining the income of the deceased as Rs. 3000/- as

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NEUTRAL CITATION

C/FA/2088/2015 JUDGMENT DATED: 24/03/2026

0.17395945407169344

against claim of Rs. 4000/-. It was submitted that deceased was earning income by serving in a Madrasa and was also earning additional income of Rs. 2000/- by serving as a Driver. In absence of any direct proof of income being produced on record, the learned Judge has determined the notional income of the deceased confining it to Rs. 3000/- by considering the fact that since the accident had taken place in the year 2002, a labourer who is paid Rs. 100 per day, the aforesaid amount can be considered as a reasonable amount. According to learned advocate, the Tribunal has erred in considering the 30% rise towards fut