Gujarat HC Reviews Compensation in Heirs Of Decd. Suryakantbhai vs Himmatlal Kanubhai Kchchhi
Parties Involved
Heirs Of Decd. Suryakantbhai Gordhanbhai Patel
Himmatlal Kanubhai Kchchhi
AI Summary
The Gujarat High Court upheld the appeal of the heirs of the deceased Suryakantbhai against the Motor Accident Claims Tribunal's award, arguing that the compensation of ₹2,30,000 was insufficient given the circumstances of the accident and the deceased's earnings. The court acknowledged the evidence presented regarding the deceased's income and suffering, indicating a potential for increased compensation.
Bench
Narmada at Rajpipla
PresidingLoss of consortium
Palak H. Thakkar
Order Text
Heirs Of Decd. Suryakantbhai ... vs Himmatlal Kanubhai Kchchhi on 5 February, 2026 NEUTRAL CITATION C/FA/2897/2013 JUDGMENT DATED: 05/02/2026 undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2897 of 2013 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== HEIRS OF DECD. SURYAKANTBHAI GORDHANBHAI PATEL & ORS. Versus HIMMATLAL KANUBHAI KCHCHHI & ANR. ========================================================== Appearance: MR DN PANDYA(545) for the Appellant(s) No. 1,2,3,4 MR NK MAJMUDAR(430) for the Defendant(s) No. 1 MR PALAK H THAKKAR(3455) for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 05/02/2026 ORAL JUDGMENT 1. The captioned appeal has been preferred against the impugned judgment and award dated 02.05.2012 passed by the learned Motor Accident Claims Tribunal (Main), Narmada at Rajpipla, in M.A.C.P. No. 163 of 2011, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.2,30,000/- (Rupees Two Lakh Thirty Thousand Only) 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 narrated in the Claim Petition are Page 1 of 1...