Ahmedabad: Moments before pronouncing the verdict in a road accident case and enhancing payout for the victim from Rs 10.44 lakh to Rs 37.24 lakh, the Gujarat high court was faced with a startling fact: the lawyer disclosed that his client had been dead since Aug 23, 2015 — nearly 11 years.The court had heard the case through 2025 and 2026, believing Makwana was alive and would benefit from its order. The bench of Justice Sangeeta Vishen and Justice Nisha Thakore sharply pulled up the advocate for failing to disclose the death. In its order, the judges stated, “This was an unpleasant event with which the court was confronted.”The case had its roots in a road accident in Jan 2003. Makwana, then 50, was an employee of IPCL in Vadodara and was travelling to Dakor on his motorcycle with a pillion rider when a truck struck them from behind. The pillion rider died. Makwana survived but sustained severe injuries and became paraplegic. He took voluntary retirement as a result.He claimed compensation from the truck owner, and, in 2012, a motor accident claims tribunal ordered the truck owner and its insurer to pay him Rs 10.44 lakh. Makwana approached the HC, seeking an increase in that amount. The case was heard through 2025 and into 2026.The truth surfaced only because the bench asked a routine question. When the court reserved its verdict on Jan 27, it directed Makwana’s lawyer to have his client present via video conferencing on Feb 3, when the verdict was to be pronounced. On that day, when the judges asked about Makwana, his lawyer admitted he had been unable to reach him, and had since found out that Makwana had died a decade earlier.The HC ordered the Gujarat State Legal Services Authority to trace Makwana’s legal heirs. Makwana’s lawyer was asked to ensure that his legal heirs were joined as parties in the litigation.On Feb 25, the HC allowed the application, making Makwana’s two sons and two daughters appellants in the litigation so they can obtain the enhanced claim amount. However, it recorded in its order that Makwana’s widow also passed away in 2019, and his children were not aware of the litigation when they were contacted.
