IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 393 of 2021 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ==========================================================

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

DINESHBHAI HOLIYABHAI GAMIT & ORS.

Versus AKBAR BISMILLA SHAH & ORS.

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

Appearance:

MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3 MR TANMAY B KARIA(6833) for the Defendant(s) No. 3 MS DISHA N NANAVATY(2957) for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 21/04/2026

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 08.01.2020 passed by the learned Motor Accident Claims Tribunal (Main) at Tapi in M.A.C.P. No. 46 of 2016, whereby the learned Tribunal had partly allowed the Claim Petition, and awarded a sum of Rs.8,88,300/-, along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

2. The succinct facts, which led to the filing of the captioned appeal, as explained by the learned Counsel for the claimant and as narrated in the Claim Petition are summarized as under:-

i. On 23.08.2015, Mr. Sumitraben Dineshbhai Gamit (hereinafter referred to as the “deceased”), was travelling as pillion rider on the motorcycle bearing registration No.GJ-26-D-5017 driven by her husband. The said motorcycle was being driven at very moderate speed and on the correct side of the road. When they reached near the place of the accident, original opponent No.1/respondent No.1 herein came by driving a motorcycle bearing registration No.GJ-26-K-0043, in a rash and negligent manner and at an excessive speed and dashed with the motorcycle in which the deceased was travelling, thereby causing the vehicular accident. The deceased sustained grievous injuries in the accident and she succumbed to the said injuries.

ii. It is the case of the original claimants/appellants herein before the learned Tribunal that at the time of the vehicular accident, the deceased was aged about 37 years and she was doing labour work. Therefore, the original claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.20,00,000/-.

iii. Having been served with the notices/summons of the Claim Petitions, Original opponent No.3/respondent No.3 herein – Insurance Company, filed its Written Statement, thereby denying the averments made in the Claim Petition, and prayed for dismissal of the Claim Petition.

iv. Having considered the evidence on record, the learned Tribunal partly allowed the Claim Petition, and awarded a sum of Rs.8,88,300/-, along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

v. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimants/appellants herein have preferred the captioned appeal seeking enhancement of the compensation awarded by the learned Tribunal.

3. Heard learned counsels for the parties.

4. Learned advocate appearing on behalf of the original claimants/appellants herein vehemently submitted that at the time of the vehicular accident, the deceased was aged about 37 years and she was engaged as a labourer, however, the learned Tribunal had assessed the income of the deceased at Rs.4,500/- per month, which is at very lower side. He further submitted that the income of the deceased could not be proved on record before the learned Tribunal by leading any cogent evidence. He contended that in the absence of any cogent evidence on income, the learned Tribunal ought to have assessed the income of the deceased on the basis of the minimum wages prevalent at the time of the vehicular accident. He further submitted that the learned Tribunal had awarded me