1. Leave Granted.
2. Dissatisfied with the Judgment and Order dated 06.08.2025
(hereinafter referred to as “impugned judgment”) passed by the
High Court of Gujarat at Ahmedabad (hereinafter referred to as
“the High Court”), in First Appeal No. 763/2014 the present
appeal has been preferred by the Appellants.
FACTUAL MATRIX
3. On 14.03.2010, the Appellant was walking near Godhra RTO
Circle and at about 9:00 AM, the Respondent No. 1 drove his car
bearing No. GJ-7-H-6283 in a rash and negligent manner and
dashed with the Appellant. The Appellant was rushed to Godhra
Shivam Orthopaedic Hospital where he underwent an operation.
As per the medical reports, the Appellant suffered severe injuries
to his spine, chest and some other parts of the body resulting in
Paraplegia (commonly known as Paralysis). The Appellant filed a
Claim Petition being MACP No. 640 of 2010, seeking a
compensation of Rs.10,50,000/- with cost and interest against the
Respondents before the Motor Accidents Claims Tribunal (MACT),
Panchmahal at Godhra (hereinafter referred to as “Tribunal”). The
Tribunal vide Judgment and Award dated 25.11.2013, while partly
allowing the Claim Petition, awarded a total compensation of Rs.
2,86,600/-, holding the Respondents jointly and severally liable,
with an interest of 9% per annum from the date of the application
until realization, along with costs. The Tribunal, while arriving at
the said compensation amount, concluded that the accident was a
result of sheer negligence solely attributable to the driver of the
offending vehicle (Respondent No. 1), and assessed disability at
30% for the whole body. Relying on Sarla Verma and Ors. vs.
Delhi Transport Corporation and Anr., as reported in (2009) 6
SCC 121, the Tribunal decided the multiplier at 16 (considering
the Appellant’s age as 31 years). The compensation assessed by
the Tribunal is as under:
