Judgment :-

V. Gopala Gowda, J.

1. These appeals have been filed by the appellant against the impugned common Judgment and order dated 18.6.2013 passed in First Appeal No. 1064 of 2005 with First Appeal No.1555 of 2005 by the High Court of Gujarat at Ahmedabad, wherein the High Court dismissed First Appeal No.1064 of 2005 which was filed by the claimant and allowed First Appeal No.1555 of 2005 which was filed by the Insurance Company.

2. The necessary relevant facts are stated hereunder to appreciate the case with a view to determine whether the appellant, Ashvinbhai Jayantilal Modi, the father of Raj (deceased) is entitled for relief as prayed in this appeal.

3. On 12.07.2002, Raj Ashvinbhai, the deceased was heading to Istanpur from Uttamnagar on his two-wheeler. While on his way, near Bhadvatnagar bus stand, a truck bearing registration no. GQA 7215 belonging to the respondent, Ramkaran Ramchandra Sharma crashed into the two-wheeler on which Raj was riding. Due to the force created by this accident, Raj’s two-wheeler slid for about 25 feet while Raj fell down and sustained grievous i