IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1816 of 2024 With R/FIRST APPEAL NO. 1820 of 2024 FOR APPROVAL AND SIGNATURE:

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

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

MAHESHBHAI DHIRUBHAI MAKWANA & ORS.

Versus RANCHHOD VALJI DANGAR & ANR.

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Appearance:

MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3 MS KARUNA V RAHEVAR(3818) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 05/03/2026 COMMON ORAL JUDGMENT

1) Since both these appeals are arising out of the same accident and the grounds and issue involved in both the appeals are common, they are being heard together and are being decided by this common judgment. The First Appeal No.1816 of 2024 arises out of MAC Petition No.601 of 2018 and the First Appeal No.1820 of 2024 arises out of MAC Petition No.600 of 2018.

2) Feeling aggrieved and dissatisfied with the common judgment and award dated 06.02.2024 passed by learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition Nos.600 and 601 of 2018, the appellants – original claimants preferred present appeals under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

3) Heard Mr. Nishit A. Bhalodi, learned counsel for the appellants –

original Claimants and Ms. Karuna Rahevar, learned counsel for respondent No.3 – Insurance Company in bot the appeals. Perused the original record and proceedings.

4) It is the case of the appellants that on 12.05.2018, the deceased Rakesh Maheshbhai Makwana and his wife Ramilaben Rakesh Makwana were riding on motorcycle and when they reached near the place of accident, one Truck bearing No.GJ-12-BT-8289 came with full speed and in rash and negligent manner and dashed with the Motorcycle of the deceased. As a result of which both persons i.e. Rakeshbhai Makwana and his wife Ramilaben Makwana sustained mortal injuries and he succumbed to it. Therefore, the appellants have filed MAC Petitions seeking compensation. After appreciating the evidence produced on record the learned Tribunal was pleased to partly allowed both the claim petitions.

5) The appeals are filed on limited ground that the Tribunal has committed error in considering the income of the deceased as Rs.6,000/- p.m on notional basis and ought to have considered Rs.9,000/- p.m as deceased-husband was doing job in Vishalal Hotel and deceased-wife was doing masonry work. Further, the Tribunal has committed error in not awarding any amount under the head of loss of consortium. Hence, he has prayed to allow both the appeals and compensation may be enhanced.

6) Learned counsel for the respondents - Insurance Company in both the appeals has opposed the present appeals and submitted that, the Tribunal has rightly awarded compensation in absence of any evidence of income. Therefore, requested to dismiss the appeals.

7) As both the appeals are filed on limited grounds, the same are required to be decided in narrow compass.

FIRST APPEAL NO. 1816 OF 2024 (MAC PETITION NO.601 OF 2018)

8) 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 Company has not filed any cross-objection. Hence, this appeal is required to be decided on the aspect of quantum only. Alleged incident is not in dispute. Involvement of the vehicle is also not in dispute. In order to prove the claim, the claimant No.1 has filed an Affidavit at Exh:16, FIR at Exh:22, Panchnama of scene of incident at Exh:23, Inquest Panchanama at Exh:24 and PM report at Exh:25. After appreciating the evidence p