LexHITESH NAGJIBHAI PATEL versus BABABHAI NAGJIBHAI RABARI & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 8 S.C.R. 2428 : 2025 INSC 1070 Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr. (Civil Appeal No. 10278 of 2025) 08 August 2025 [Sanjay Karol and Prashant Kumar Mishra, JJ.] Issue for Consideration Issue arose whether the courts below failed to award compensation under the head loss of earnings to the minor appellant; and whether the High Court erred in granting an adequate amount of compensation under pecuniary and non-pecuniary damages. Headnotes† Motor Vehicle Act, 1988 – Compensation – Enhancement – Appellant-minor aged 8 years suffered permanent disability in a road accident – Tribunal awarded compensation of Rs. 3.90 lakh – High Court enhanced it to Rs. 8.65 lakhs – Interference: Held: Minor child who suffers death or permanent disability in a motor vehicle accident, cannot be placed in the same category as a non-earning individual for assessing the amount of compensation – In such a case, the computation of compensation under the head of loss of income ought to be made by adopting, the minimum wages payable to a skilled workman as notified for the relevant period in the respective State where the cause of action arises – Prevailing minimum wages, for the skilled ones, in the year of accident-2012, in Gujarat would be Rs.227.85p. per day, thus, the income of the appellant is determined as Rs.6,836 per month, rounding off – As regards the assessment of disability suffered by the appellant, taking into account the direct correlation between the injuries sustained and the consequent loss of permanent functional disability suffered by the appellant, the finding of the High Court that the permanent functional disability stands rightly fixed at 90% – To award just and fair compensation, the compensation towards other pecuniary heads enhanced in accordance with the settled principle of law – On basis thereof, compensation enhanced to Rs.35,90,489/-, with interest @ 9% pa on the amount to be paid, from the date of filing of the claim petition – Impugned award passed by the High Court stands modified – Since the law had been amply clarified [2025] 8 S.C.R. 2429 Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr. well before the order of the tribunal was made, by this Court in Kajal’s case, the appeals to the High Court as well as to this Court were entirely avoidable – Both the Courts duty-bound to keep abreast with the law as clarified by this Court, ensuring that the judgments and orders passed by them are entirely in order therewith – Furthermore, Insurance company/contesting party to furnish before the tribunal the schedule of minimum wages payable to a skilled worker, in cases where the income of the claimant/ deceased not been properly established – Precedent. [Paras 9-18] Case Law Cited Kajal v. Jagdish Chand [2020] 3 SCR 622 : (2020) 4 SCC 413 – relied on. Mallikarjun v. Divisional Manager, National Insurance Company Limited and Anr. [2013] 8 SCR 268 : (2014) 14 SCC 396; Kajal v. Jagdish Chand and Ors. [2020] 3 SCR 622 : (2020) 4 SCC 413; Baby Sakshi Greola v. Manzoor Ahmad Simon and Anr., 2024 SCC OnLine SC 3692; Baby Sakshi Greola v. Manzoor Ahmad Simon and Another (2022) 7 SCC 738; National Insurance Co. Ltd. v. Pranay Sethi [2017] 13 SCR 100 : (2017) 16 SCC 680; Mohd. Sabeer v. U.P SRTC [2022] 18 SCR 427 : (2023) 20 SCC 774; Sidram v. Divisional Manager, United India Insurance Ltd. [2022] 8 SCR 403 : (2023) 3 SCC 439; Sanjay Rajpoot v. Ram Singh, 2025 SCC OnLine SC 285; Mallikarjun v. National Insurance Co. Ltd. [2013] 8 SCR 268 : (2014) 14 SCC 396; Ayush v. Reliance General Insurance Co. Ltd. [2022] 1 SCR 831 : (2022) 7 SCC 738 – referred to. List of Acts Motor Vehicle Act, 1988. List of Keywords Compensation; Loss of earnings; Adequate amount of compensation; Pecuniary and non-pecuniary damages; Permanent disability; Monthly income; Quantum of compensation; Death or permanent disability; Motor vehicle accident; Minimum wages; Skilled workman; Cause of action; Grievous and life-altering injuries; Brain haemorrhage; Amputation of the lower limb; Disability certificate; Permanent functional disability; Just and fair compensation; Pecuniary heads; Insurance company. 2430 [2025] 8 S.C.R. Supreme Court Reports Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10278 of 2025 From the Judgment and Order dated 20.08.2024 of the High Court of Gujarat at Ahmedabad in FA No. 4863 of 2022 Appearances for Parties Advs. fo
Excerpt shown. Read the full judgment & AI analysis in Lexace.