Gujarat High Court Dismisses Appeal by State Transport Corporation in Motor Accident Claim — Upholds 100% Functional Disability for Amputation of Both Legs. Notional Income of Rs.3,000 per month for a 59-year-old retired claimant held justified under Motor Vehicles Act, 1988.

High Court: Gujarat High Court In Favour of Accused

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2026-05-19 05:26:15

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Case Note & Summary

The appellant, Gujarat State Road Transport Corporation, challenged the judgment and award dated 12.07.2021 passed by the Motor Accident Claims Tribunal (Aux.), Jamnagar in MACP No.57 of 2019, whereby the Tribunal awarded compensation to the respondent-claimant, Shimbhiben Jerambhai Solanki, for injuries sustained in a motor accident. The accident occurred on 08.12.2018 when the claimant, aged 59 years, was travelling as a pillion rider on a motorcycle driven by her husband. An S.T. bus driven rashly and negligently came from behind and dashed against the motorcycle, causing the claimant to fall and her legs to come under the rear wheel of the bus, resulting in amputation of the lower part of her right leg and foot of her left leg. She was treated at Jamjodhpur and later at Gokul Newtech Hospital, Jamnagar, where she remained admitted from 08.12.2018 to 17.12.2018. The Tribunal awarded compensation including Rs.3,000 per month as notional income, applied a multiplier of 9, assessed 100% functional disability, and awarded Rs.3,24,000 towards future loss of income, along with other heads. The Corporation appealed on grounds that the Tribunal erred in not considering contributory negligence, in assessing income arbitrarily despite the claimant being retired and not working, and in awarding exorbitant future loss of income. The High Court, after hearing arguments, held that there was no evidence of contributory negligence as the bus hit from behind. Regarding income, the Court noted that even a retired person can perform household work, and the notional income of Rs.3,000 per month was reasonable. The Court also upheld 100% functional disability given the amputation of both legs, which renders a person incapable of any physical work. The appeal was dismissed, and the award was confirmed.

Headnote

A) Motor Accident Claims - Compensation - Functional Disability - Amputation of both legs - Claimant aged 59 years, retired - Tribunal assessed 100% functional disability - Held that amputation of both legs renders a person incapable of any physical work, justifying 100% disability despite age (Paras 5-6).

B) Motor Accident Claims - Notional Income - Retired Person - Claimant not engaged in any work - Tribunal assessed notional income at Rs.3,000 per month - Held that even a retired person can perform household or other work, and notional income of Rs.3,000 is reasonable and not arbitrary (Para 6).

C) Motor Accident Claims - Contributory Negligence - Pillion rider - Bus dashed motorcycle from behind - No evidence of negligence by motorcycle rider - Held that in absence of any material, contributory negligence cannot be attributed to the claimant (Para 5).

Issue of Consideration

Whether the Tribunal erred in assessing the income of the claimant, in not considering contributory negligence, and in awarding compensation for future loss of income.

Final Decision

The appeal is dismissed. The judgment and award dated 12.07.2021 passed by the Motor Accident Claims Tribunal (Aux.), Jamnagar in MACP No.57 of 2019 is confirmed. No order as to costs.

Law Points

Assessment of functional disability in amputation cases
notional income for retired persons
contributory negligence in motor accident claims
compensation under Motor Vehicles Act
1988

Case Details

2026 LawText (GUJ) (01) 400

R/First Appeal No. 1715 of 2022

2026-01-21

Hasmukh D. Suthar

Rushabh H Munshaw for Appellant, Makbul I Mansuri for Respondent No.1

Gujarat State Road Transport Corporation through its Divisional Controller

Shimbhiben Jerambhai Solanki & Anr.

Nature of Litigation

First appeal against judgment and award of Motor Accident Claims Tribunal in a claim petition for compensation for injuries sustained in a motor accident.

Remedy Sought

Appellant sought reduction of compensation awarded by the Tribunal.

Filing Reason

Appellant challenged the award on grounds of erroneous assessment of income, contributory negligence, and excessive compensation.

Previous Decisions

Motor Accident Claims Tribunal (Aux.), Jamnagar passed judgment and award dated 12.07.2021 in MACP No.57 of 2019 awarding compensation to the claimant.

Issues

Whether the Tribunal erred in not considering contributory negligence on the part of the claimant? Whether the Tribunal erred in assessing the income of the claimant at Rs.3,000 per month despite her being retired and not engaged in any work? Whether the Tribunal erred in assessing 100% functional disability and awarding future loss of income?

Submissions/Arguments

Appellant submitted that the Tribunal failed to consider contributory negligence of the claimant. Appellant argued that the claimant was 59 years old, retired, and not working, so income assessment was arbitrary. Appellant contended that the award for future loss of income was exorbitant.

Ratio Decidendi

In motor accident claims, amputation of both legs results in 100% functional disability regardless of age, as it renders the person incapable of any physical work. Notional income for a retired person can be assessed reasonably, and in absence of evidence of contributory negligence, it cannot be attributed to a pillion rider when the bus hit from behind.

Judgment Excerpts

The learned Tribunal has rightly assessed the functional disability at 100% as the claimant has lost both her legs and is unable to do any work. Even if the claimant is retired, she can still perform household work, and the notional income of Rs.3,000 per month is reasonable.

Procedural History

The claimant filed MACP No.57 of 2019 before the Motor Accident Claims Tribunal (Aux.), Jamnagar, which awarded compensation on 12.07.2021. The appellant, Gujarat State Road Transport Corporation, preferred First Appeal No.1715 of 2022 before the High Court of Gujarat at Ahmedabad, which was heard and dismissed on 21.01.2026.