Gujarat High Court Uncovers Litigant's Death After 11 Years in Shocking Compensation Case
In a startling revelation at the Gujarat High Court in Ahmedabad, moments before delivering a verdict to increase compensation in a road accident case, the bench discovered that the claimant had been deceased for nearly 11 years. The court had been actively hearing the case through 2025 and 2026, operating under the assumption that the victim, Makwana, was alive and would directly benefit from its judgment.
Court Confronted with Unpleasant Truth During Routine Questioning
The truth emerged unexpectedly when the bench, comprising Justice Sangeeta Vishen and Justice Nisha Thakore, posed a routine query. On January 27, the court reserved its verdict and instructed Makwana's lawyer to arrange for his client's presence via video conferencing on February 3 for the pronouncement. However, on that day, when the judges inquired about Makwana, his lawyer confessed that he had been unable to contact him and subsequently learned that Makwana had passed away on August 23, 2015.
The judges expressed sharp disapproval, pulling up the advocate for failing to disclose this critical information earlier. In their official order, they noted, "This was an unpleasant event with which the court was confronted." The case had its origins in a tragic road accident that occurred in January 2003. Makwana, then 50 years old and an employee of IPCL in Vadodara, was traveling to Dakor on his motorcycle with a pillion rider when a truck struck them from behind. The pillion rider died instantly, while Makwana survived but sustained severe injuries that left him paraplegic, forcing him into voluntary retirement.
Legal Proceedings and Enhanced Compensation Award
Makwana initially sought compensation from the truck owner, leading to a motor accident claims tribunal ordering a payment of Rs 10.44 lakh in 2012. Dissatisfied with this amount, he approached the Gujarat High Court, seeking an increase. The court had been diligently hearing the case, ultimately deciding to enhance the payout to Rs 37.24 lakh. However, this decision was made in ignorance of Makwana's death, which had occurred a decade prior.
Following the disclosure, the High Court took immediate action to rectify the situation. It directed the Gujarat State Legal Services Authority to trace Makwana's legal heirs. The lawyer was instructed to ensure that these heirs were formally joined as parties in the litigation. On February 25, the court allowed an application to include Makwana's two sons and two daughters as appellants, enabling them to claim the enhanced compensation amount.
In a further twist, the court's order recorded that Makwana's widow had also passed away in 2019, and his children were unaware of the ongoing litigation until contacted by authorities. This case highlights significant procedural lapses and underscores the importance of timely disclosures in legal proceedings to ensure justice reaches the intended beneficiaries.
