IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3556 of 2021 FOR APPROVAL AND SIGNATURE:

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

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

GORDHANBHAI VALIYABHAI RATHWA & ORS.

Versus ANANT SAILENDRA RATHOR & ORS.

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

Appearance:

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. 2 RULE UNSERVED for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 01/12/2025

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 01.05.2019 passed by the learned Motor Accident Claims Tribunal (Main) Panchmahals at Godhra in M.A.C.P. No. 3 of 2018, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.7,89,048/- (Rupees Seven Lakh Eighty- Nine Thousand Forty Eight 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 led to the filing of the captioned appeal are summarized as under:-

i. On 04.12.2017, Mr. Kiranbhai Gordhanbhai Rathwa (hereinafter referred to as “the deceased”), his friend Arvindbhai and Vashrambai was travelling on Motorcycle No. GJ-17-AN-6641. The deceased was driving the said motorcycle with due care at moderate speed on the correct side of the road, by observing traffic rules. When they were passing near Reliance petrol-pump, the respondent No.1 herein came by driving his Swift car bearing Registration No MP-09-CU-4588 at excessive speed and in rash and negligent manner, and dashed with the motorcycle on which the deceased was travelling. As a result of the said vehicular accident, the deceased sustained grievous injuries and succumbed to the said injuries.

ii. It is also averred in the Claim Petition that at the time of accident, the deceased was aged about 18 years and was imparting tuition and also doing agricultural work, thereby earning Rs.13,000/- per month from both these sources of income. On the aforesaid averments, the Original Claimants/appellants herein preferred before Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.22,50,000/-.

iii.Having been served with the notices/summons of the Claim Petition, respondent Nos.1 & 2 herein have chosen not to appear before the learned Tribunal, however, respondent No.3 herein – Insurance Company filed their Written Statement at Exh.17, thereby denying the averments made in the Claim Petition in toto, and in brief, prayed for dismissal of the Claim Petition. It is also pleaded that the accident occurred owing to the contributory negligence of the deceased.

iv.Having considered the pleadings of the parties and the material available on record, the learned Tribunal framed the following issues at Exh.11:-

i. Whether it is proved that the deceased sustained injuries and died on account of rashness or negligence in driving on the part of the driver/s of the vehicle/s involved in the accident ?

ii. What amount, if any, the claimants are entitled to by way of compensation and from which of the opponents ?

iii. What Order ?

v. In order to prove their case, the original claimants/appellants herein led oral as well as documentary evidence, such as:-

vi. The respondents herein have not led any evidence before the learned Tribunal.

vii. Having considered the oral as well as documentary evidence on record, the learned Tribunal held the respondent no.1 herein– driver of Swift Car 90% negligent for causing the accident and the deceased himself was held negligent for causing the accident to the extent of 10%. The learned Tribunal partly allowed the Claim Petition and a