Modification of Judgment dtd. 18/11/2025 in R/FA/2647/2022 undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2647 of 2022 [On note for speaking to minutes of order dated 18/11/2025 in R/FA/2647/2022 ]

With CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)

NO. 1 of 2025 In R/FIRST APPEAL NO. 2647 of 2022 With R/CROSS OBJECTION NO. 287 of 2024 In R/FIRST APPEAL NO. 2647 of 2022 ==========================================================

NEW INDIA ASSURANCE COMPANY LIMITED Versus RAJIYABEN GAFARBHAI SALOT & ORS.

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Appearance:

MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1 MR. ALKESH N SHAH(3749) for the Defendant(s) No. 6 NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3 RULE UNSERVED for the Defendant(s) No. 4,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 02/12/2025

ORAL ORDER

Learned advocate for the appellant does not press the Note for Speaking to Minutes.

The Note for Speaking to Minutes stands disposed of as not pressed.

(HASMUKH D. SUTHAR,J)

ALI R/FA/2647/2022 undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2647 of 2022 With CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of 2025 In R/FIRST APPEAL NO. 2647 of 2022 With R/CROSS OBJECTION NO. 287 of 2024 In R/FIRST APPEAL NO. 2647 of 2022 FOR APPROVAL AND SIGNATURE:

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

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

NEW INDIA ASSURANCE COMPANY LIMITED Versus RAJIYABEN GAFARBHAI SALOT & ORS.

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Appearance:

MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1 MR. ALKESH N SHAH(3749) for the Defendant(s) No. 6 NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3 RULE UNSERVED for the Defendant(s) No. 4,5 ============================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 18/11/2025

ORAL JUDGMENT

1) The appellant – original respondent no.2 New India Assurance Company Ltd., has assailed the judgment and award dated 31.12.2019 passed by learned Motor Accident Claims Tribunal (Main), Bhavnagar (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.246 of 2017, whereby the learned Tribunal held liable the appellant Insurance Company i.e. insurer of Truck bearing Reg. No.HR-55-U-0819, while exonerating the respondent no.6 Insurance Company – original opponent no.4, i.e. insurer of Luxury Bus bearing Reg. No.GJ-01-BV-9670 (which shall hereinafter be referred to as “bus”). The Tribunal has also held that the accident occurred due to contributory negligence of drivers of both the vehicles but exonerated the respondent no.6 herein - opponent no.4 Iffco Tokio General Insurance Company on the ground that the insurance policy of bus does not cover the risk of the deceased i.e. assistant. Feeling aggrieved and dissatisfied with the same the appellant has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

2) The original claimants – respondent nos.1 to 3 herein (legal heirs of the deceased) have objected the present appeal by filing cross objections being Cross Objection No.287 of 2024, on the ground that the learned Tribunal has committed error in considering the income of the deceased, future loss of income, loss of consortium, funeral expenses and loss of estate.

3) Heard Mr. R. P. Raval, learned Advocate for the appellant – The New India Assurance Company Ltd., Mr. A. N. Shah, learned Advocate for respondent no.6 – Iffco Tokio General insurance Company and Mr. N. A. Bhalodi, learned Advocate for respondent nos.1 to 3 – original claimants.

4) It is the case of the original claimants that on 22.07.2017, Gafarbhai (who shall hereinafter be referred to as “deceased”) was travelling in Luxury Bus bearing Reg. No.GJ-01-BV-9670 a