IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4366 of 2019 FOR APPROVAL AND SIGNATURE:

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

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

NARAYANIBEN W/O RAMESHBHAI BANSILAL & ANR.

Versus VAKILKHAN SULEMANKHAN & ORS.

==========================================================

Appearance:

MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2 MR KV GADHIA(319) for the Defendant(s) No. 3 RULE UNSERVED for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 07/10/2025

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 17.01.2019 passed by the learned Motor Accident Claims Tribunal (Aux.), Surat, in M.A.C.P. No. 689 of 2006, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.4,83,600/- (Rupees Four Lakhs Eighty Three Thousand Six Hundred Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

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

i. The son of the claimants/appellants herein, Mr.

Manishkumar Rameshbhai Bansilal (hereinafter referred to as the “deceased”) was travelling as a passenger on a luxury bus bearing Registration No. MH-04-G-4942, and was coming from Mumbai to Surat. The said bus was being driven by respondent no.1 herein - (Driver of the luxury bus), at a high speed and in a rash and negligent manner without observing the traffic rules, and thereby, endangering human life. Resultantly, the respondent no.1- driver of the luxury bus lost control over the steering of the bus and the said bus dashed with the divider on the road, resultantly, the bus turned turtle. In the said vehicular accident, the son of the claimants suffered serious injuries and succumbed to the said injuries.

ii. It is the case of the claimants that at the time of the accident, the deceased was pursuing his studies of Bachelor’s Degree in Hotel Management at Bangalore. It is also the case of the claimants that the desire of the deceased was to get a higher degree in the field of Hotel Management, and thereby would have made more progress in his family business of Hotel Industry. After completing the said Bachelor’s degree course of Hotel Management, the deceased could have earned Rs.25,000/- per month. At the time of the accident, the deceased was a bachelor and aged about 17 years.

iii.Based on the said averments, the appellants, being the parents of the deceased, preferred claim Petition before the learned Tribunal, claiming compensation to the tune of Rs.20,00,000/-.

iv.The notices/summons of the Claim Petition were duly served upon the opponents, however, opponent nos. 1 & 2 have neither remained present before the learned Tribunal nor filed any written statement against the Claim Petition.

v. The respondent no.3 – Insurance Company filed Exh.20 – Written Statement, thereby, denying all the averments made in the claim petition and prayed for dismissal of the claim petition.

vi.Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.16, for determination.

i. Whether the applicant proves that the deceased died due to vehicular accident occurred due to rash and negligent driving of drivers of the offending vehicles ?

ii. Whether the applicant is entitled for compensation ? If yes, what amount and from whom ?

iii.What order and award?

vii. In order to prove their case, the appellants led oral as well as documentary evidences such as Affidavit of the claimant No. 2 (Exh.25), Certified copy of F.I.R (Exh.28), Certified copy of Panchnama of place of accident (Exh.29), Certified copy of Inquest Panchnama of deceased (Exh.30), Certified copy of Post Mortem Notes of the decea