IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2846 of 2011 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ==========================================================

Approved for Reporting Yes No ==========================================================

ORIENTAL INSURANCE CO LTD (HUB)

Versus RAMNIKLAL JESHANKAR PANDYA & ORS.

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Appearance:

MS KARUNA V RAHEVAR(3818) for the Appellant(s) No. 1 DISMISSED FOR NON PROSECUTION for the Defendant(s) No. 5 MR PREMAL S RACHH(3297) for the Defendant(s) No. 1,2,3,4,6 MS KIRAN D PANDEY(3337) for the Defendant(s) No. 8 RULE UNSERVED for the Defendant(s) No. 7 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 26/11/2025

ORAL JUDGMENT

1. The captioned appeal has been filed against the impugned judgment and award dated 30.06.2010 passed by the learned Motor Accident Claims Tribunal (Main), Jamnagar, in M.A.C.P. No. 8 of 2004, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs. 14,11,988/- (Rupees Fourteen Lakhs Eleven Thousand Nine Hundred Eighty-Eight Only) along with interest at the rate of 7% per annum from the date of filing the Claim Petition until its realization, as compensation.

2. The succinct facts, which led to the filing of the instant appeal are summarized as under:-

i. On 06.11.2003, Mr. Kantilal Ramniklal Pandya (hereinafter referred to as “the deceased”), was going from Jamnagar to Surat by driving S.T. bus bearing Registration No. GJ-18-V-5289. When the deceased reached near village Palej, Opposite Sama Hotel on 07.11.2003 at 5:30 a.m., the front tyre of the said S.T. bus got punctured and the deceased halted the bus to change its wheel. While he was changing the wheel, a truck bearing Registration No. MH-39-C-0721, being driven by driver of original opponent No.1, came at excessive speed, in a rash and negligent manner and hit the S.T. bus from behind, thereby causing the accident. In the said vehicular accident, the deceased sustained grievous injuries and he succumbed to the injuries during treatment.

ii. It is also the case of the original claimants/respondent Nos.1 to 6 herein before the learned Tribunal that at the time of the accident, the deceased was aged about 41 years and was gainfully employed with S.T. Corporation, earning a salary of Rs.9,800/- per month, therefore, original claimants/respondent Nos.1 to 6 preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.18,00,000/-.

iii.Original opponent No.1/Respondent No.7 herein –

owner of offending truck bearing Registration No. MH-39-C-0721 was proceeded ex-parte before the learned Tribunal, however, original opponent No.3/appellant herein – Insurance Company filed its Written Statement at Exh. 16, stating therein that the driver of the offending truck was not holding an effective and valid license to drive the truck at the time of the accident. It was also contended by the Insurance Company that the S.T. bus was parked in the middle of the road without putting any obstacles, and side indicators were not switched on and alleged that the accident occurred owing to the sole negligence of the deceased himself.

iv.Having considered the pleadings of the parties and the material available on record, the learned Tribunal framed the following issues at Exh. 33:-

i. Whether the petitioners prove that deceased died because of injuries sustained due to rash and /or negligent driving on the part of the driver of the motor vehicle involved in the said accident ?

ii. Whether the petitioners are entitled to compensation ? If yes, what amount and from whom ?

iii. What award?

v. Having considered the facts and evidences on record, the learned Tribunal held that the accident occurred owing to the sole negligence of the driver of the truck and after considering the income and other criteria of the deceased, awarded a sum of Rs. 1