Synopsis

This judgment by the Gujarat High Court partially allows a first appeal filed by an injured claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal. The claimant, a bus conductor aged 40, suffered 38% permanent disability in a motor accident. The Tribunal had awarded Rs. 3,99,400/-. The High Court, applying the principles laid down in Pranay Sethi and the minimum wage notifications, increased the notional monthly income from Rs. 3,500/- to Rs. 5,000/-, added 25% towards future prospects, and enhanced the compensation under conventional heads (special diet, attendant charges, transportation). The total compensation was enhanced to Rs. 6,01,000/-, an increase of Rs. 2,01,600/-.

1. Heading for the judgment

Citation: Chandubhai Amthabhai Patni v. Sultanbhai Kasambhai Shelia & Anr., R/First Appeal No. 1592 of 2015, decided on 23.03.2026 (Gujarat High Court)
Coram: Hon'ble Ms. Justice Nisha M. Thakore (Single Judge)
Core Law: Motor Vehicles Act, 1988 (Section 166 and 173).

Gujarat High Court enhances compensation for injured conductor, holds that notional income should be based on minimum wages and that 25% future prospects apply to persons below 40 years with permanent disability.

2. Legal framework

This judgment applies the principles for computing compensation in cases of permanent disability arising from motor vehicle accidents.

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