The Gujarat High Court has enhanced the motor accident compensation awarded to the legal heirs of a motorcycle rider to Rs. 27.97 lakh, taking into account his achievement as a Guinness World Record holder for lifting a cement bag with his teeth while assessing his income, despite there being no clear evidence of his earnings as a contractor. [2026 LiveLaw (Guj) 260]

A division bench of Justice NS Sanjay Gowda and Justice JL Odedra noted that the deceased was working as a contractor and that material on record showed he had executed various works for the Gandhidham Development Authority.

The Tribunal had assessed his monthly income at Rs. 12,500 and, after deducting 10% towards income tax, determined his net income at Rs. 11,250.

The High Court however noted that the deceased was also a Guinness World Record holder for lifting a cement bag with his teeth, which indicated his “extraordinary ability” recognised by international authorities.

Considering this along with the documentary evidence of the contracts executed by him, the Court enhanced his monthly income to Rs. 13,500.

"We have noticed from the record that apart from the contracts executed with Gandhidham, the deceased was also a Guinness World Record holder for being able to lift a cement bag with his teeth. This particular fact by itself indicates that the deceased had some extraordinary ability which was recognized by international authorities. Even though there is no clear evidence of the income, given the fact that there are documents on record that he had executed several contracts, and keeping in mind the special recognition that was granted to him by the Guinness authorities, it would be appropriate to enhance the income to Rs. 13,500/- per month. Out of this, 10% would be deducted towards his income tax and, consequently, his net income would be Rs. 12,150," the court said. 

Apart from the this court said that claimants would also be entitled for loss of consortium and other non-pecuniary sums amounting to Rs. 1,56,000 and further sum of Rs. 19,500 each for loss of estate and funeral expenses. 

An accident admittedly took place on 16.06.2004 between a truck and a motorcycle, as a result of which both the rider and the pillion rider were killed. As a result, the legal heirs of the rider as well as the pillion rider preferred claim petitions.

The Motor Accident Tribunal concluded that the rider was earning Rs. 12,500 per month and, as he was aged about 29 years and a multiplier of 17 was required to be applied. It awarded the rider Rs. 24,86,850.

In respect of the pillion rider, the Tribunal found that he was aged about 40 years and had been employed as a Field Assistant under the Union of India and was drawing a salary of Rs. 7,700. Consequently, the Tribunal proceeded to apply the appropriate multiplier and awarded a sum of Rs. 14,66,500. Being aggrieved by these awards, both the legal heirs of the rider as well as the legal heirs of the pillion rider are in appeal. 

The court thus enhanced the rider's compensation to Rs. 27,97,428. 

With respect to the Pillio rider the court noted that the deceased was a government servant and thus awarded 50% of the income to be added as future prospects. The court also said that the claimants would also be entitled for loss of consortium and other non-pecuniary sums amounting to Rs. 2,08,000 and further sum of Rs. 19,500 each for loss of estate and funeral expenses along with interest of 9% per annum.

The court thus enhanced the pillion rider's compensation to Rs.18,31,250.

The court partly allowed both the appeals. 

Case title: UMABA ANIRUDHHSINH JADEJA & ORS. v/s SHAMBHUBHAI GANGABHAI JARU & ORS.

R/FIRST APPEAL NO. 3353 of 2011 With R/FIRST APPEAL NO. 1994 of 2023

Citation: 2026 LiveLaw (Guj) 260

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