IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 5034 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

Approved for Reporting Yes No √

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ROSHANIBEN WD/O DECD RAMJANBHAI KASAMBHAI ARAMBHIYA &

ORS.

Versus JUNJUHARAM S/O BALRAM & ORS.

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Appearance:

MR NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4 MR GC MAZMUDAR(1193) for the Defendant(s) No. 3 MR HG MAZMUDAR(1194) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/11/2025 ORAL JUDGMENT [1.0] Present First Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “MV Act”) is filed by the appellants – original claimants challenging the impugned judgment and award dated 16.10.2023 passed by the learned Motor Accident Claims Tribunal (Auxi.), Ahmedabad (for short “learned Tribunal”) in Motor Accident Claim Petition No.703 of 2013 whereby the learned Tribunal was pleased to award compensation of Rs.10,57,125/- to the appellants –

original claimants.

[2.0] The brief facts leading to filing of present appeal is as follows:

[2.1] On 25.10.2013 at around 4.30 p.m., the deceased Ramjanbhai Kasambhai Arambhiya (hereinafter referred to as “deceased”) was going on his Activa Scooter bearing No.GJ-1-FH-6371 at slow speed and on the correct side of the road from Jamalpur Cross Roads towards Paldi and at that time, when he was crossing Jamalpur Overbridge and reached near the gate of Municipal Health Staff Quarters, the original opponent No.1 – driver of Eicher Truck No.RJ- 04-GA-2245 dashed on the back side of the Activa Scooter pursuant to which the deceased was thrown away on the road and the left rear wheel of Eicher Truck ran over the head of the deceased and therefore, the deceased sustained grievous injuries on his head and other parts of the body resulting into his death. After the accident, the driver of the Eicher Truck ran away from the place of accident. In this regard, FIR being I-CR No.101/2013 was lodged wth Gaikwad Haveli Police Station. The legal heirs and representatives of the deceased filed MACP No.703/2013.

[2.2] After considering the evidence produced on record by the respective parties, learned Tribunal has been pleased to pass an award of Rs.10,57,125/- in favor of the original claimants. The appellants herein – original claimants being aggrieved with the quantum of compensation have filed the present First Appeal.

[3.0] The coordindate Bench of this Court was pleased to admit the present First Appeal vide the order dated 19.12.2013. Though served with the notice of admission, respondent Nos.2 and 3 have chosen not to appear before this Court. With the consent of learned advocate for the appellants and learned advocate for the insurance company, present appeal is taken up for final hearing.

[4.0] Learned advocate for the appellants has submitted that the learned Tribunal has committed an error in considering the monthly income of the deceased at Rs.6100/- only though the deceased was a skilled tailor and doing ladies tailoring work and multiple documents to prove the income of the deceased were produced. Still the learned Tribunal has ignored the said documents. The learned Tribunal has only considered minimum wages. Further, the profit and loss account, pass-book and other income certificates were produced on record and exhibited and though the documents clearly established that the deceased was earning Rs.30,000/- per month, the learned Tribunal has ignored the said fact and failed to appreciate the oral as well as documentary evidence produced at Exhs.48 to 57. He has further submitted that the learned Tribunal has not awarded the compensation under the non-conventional heads. Hence, he has requested to allow the present f