Gujarat High Court Considers Deceased Contractor’s Guinness Record For Lifting Cement Bag With Teeth, Enhances Accident Compensation

The Court enhanced his assessed monthly income from ₹12,500 to ₹13,500 and awarded his legal heirs an additional compensation of ₹3,10,576.

The Court was hearing appeals filed by the legal heirs of a motorcycle rider and a pillion rider seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal for their deaths in a collision involving a truck.

A Bench of Justice N.S. Sanjay Gowda and Justice J.L. Odedra observed: “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/-.”

Advocate Dhairyawan D. Bhatt appeared for the appellants, while Advocate Sunil B. Parikh appeared for the insurer.

Background

A motorcycle rider and a pillion rider died following a collision between their motorcycle and a truck. Their respective legal heirs instituted motor accident compensation claims.

The Tribunal found that the motorcycle rider, who was about 29 years old, worked as a contractor and earned ₹12,500 per month. After deducting income tax and applying a multiplier of 17, it awarded approximately ₹24.87 lakh to his legal heirs.

The pillion rider was about 40 years old and worked as a Field Assistant under the Union Government. The Tribunal assessed his monthly income at ₹7,700 based on his salary slip and awarded ₹14,66,500 to his legal heirs.

The truck’s insurer accepted the awards, including its liability and the finding of negligence against the truck driver. The appeals before the High Court were consequently confined to the claimants’ entitlement to enhanced compensation.

Court’s Observations

The Court noted that the motorcycle rider had worked as a contractor and that documents established his execution of various works for the Gandhidham Development Authority.

It observed: “The evidence on record in respect of the rider indicates that he was working as a contractor and material had been produced to indicate that he had executed various works for the Gandhidham Development Authority. On the basis of these materials, the Tribunal has concluded that he was having a monthly income of Rs. 12,500/- and the Tribunal has deducted 10% of the said amount as income tax and has ascertained the income at Rs. 11,250/-.”

Although there was no clear evidence establishing the deceased’s exact income, the Court found that his contractual work and Guinness recognition demonstrated extraordinary ability. It accordingly assessed his monthly income at ₹13,500. After a 10% income-tax deduction, his net monthly income was fixed at ₹12,150.

The Court added 40% towards future prospects, deducted one-fourth towards personal expenses and applied a multiplier of 17. It further awarded ₹1,56,000 towards consortium and ₹19,500 each towards loss of estate and funeral expenses.

Referring to National Insurance Company Ltd. v. Pranay Sethi and Others (2017) and Reena v. Managing Director, Karnataka State Road Transport Corporation (2026), the Court observed: “In accordance with the judgment of Pranay Sethi (supra) read with the dictum of Apex Court in Reena Vs. Managing Director, Karnataka State Road Transport Corporation, reported at 2026 (0) AIJEL-SC 77486, the claimants would also be entitled for loss of consortium and other non-pecuniary sums amounting to Rs. 1,56,000/- (52,000/- x 3) and further sum of Rs. 19,500/- each for loss of estate and funeral expenses.”

The total compensation was consequently recalculated at ₹27,97,428, resulting in an enhancement of ₹3,10,576.

In the claim concerning the pillion rider, the Court upheld the monthly income of ₹7,700 because it was established through his salary slip. However, it found that the Tribunal had failed to add future prospects.

The Court held: “In respect of the pillion rider, we have noticed that the Tribunal has not awarded future prospects. Since the deceased was a government servant and, therefore, had a regular employment, 50% of the income would have to be added as future prospects. The Tribunal has also awarded a sum of Rs. 25,000/- towards medical expenses based on documentary evidence. The said amount shall be maintained.”

After adding 50% towards future prospects, deducting one-fourth towards personal expenses and applying a multiplier of 15, the Court calculated the loss of future income at ₹15,59,250.

It also awarded ₹2,08,000 towards consortium, ₹19,500 each towards loss of estate and funeral expenses, and retained ₹25,000 towards medical expenditure. The total compensation was enhanced to ₹18,31,250, providing the legal heirs an additional ₹3,64,750.

Conclusion

The High Court partly allowed both appeals. It awarded the motorcycle rider’s legal heirs an additional ₹3,10,576 and the pillion rider’s legal heirs an additional ₹3,64,750.

Both enhanced amounts were directed to carry interest at 9% per annum from the dates of the respective claim petitions until realisation. The insurers were directed to deposit the amounts within eight weeks, following which they were to be disbursed to the claimants through electronic transfer after verification.

Cause Title: Umaba Anirudhhsinh Jadeja & Others v. Shambhubhai Gangabhai Jaru & Others

Click here to read/download Judgment