IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 413 of 2022 FOR APPROVAL AND SIGNATURE:

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

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

THE NEW INDIA ASSURANCE COMPANY LTD Versus LH OF DECD PRAVINSINH GAHNSHYAMSINH SODHA & ORS.

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Appearance:

MS DIMPLE A THAKER(6838) for the Appellant(s) No. 1 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Defendant(s) No. 1 MR. HEMAL SHAH(6960) for the Defendant(s) No. 1.1,1.2,1.3,1.4 RULE NOT RECD BACK for the Defendant(s) No. 5 RULE SERVED for the Defendant(s) No. 2,3 RULE UNSERVED for the Defendant(s) No. 4 ============================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/12/2025

ORAL JUDGMENT

1) Present appeal has been filed by the appellant – original opponent no.3 The New India Assurance Company Ltd., under Section 173 of the Motor Vehicles Act, 1988 (which shall hereinafter be referred to as "the Act") against the common judgment and award dated 17.02.2021 passed by learned Motor Accident Claims Tribunal (Auxiliary), Bhuj – Kachchh (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.156 of

2014.

2) Heard Ms. D. A. Thaker, learned Advocate for the appellant – The New India Assurance Company Ltd., Mr. R. P. Raval, learned Advocate for respondent no.5 – Magma HDI General insurance Co. Ltd., and Mr. Hemal Shah, learned Advocate for respondent nos.1.1 to 1.4 – original claimants.

3) It is the case of the original claimants that on 31.03.2014, the District Superintendent of Police (West), Bhuj has ordered for vehicle checking drive near Sheikpir to Bhachau Road. On that day the deceased – Pravinsinh Sodha (who shall hereinafter be referred to as “deceased”) who was working as Police Constable standing opposite side of Hotel Mr. Idli for checking of vehicle. When the deceased was checking vehicles at that time Trailer bearing Reg. No.HR-55-D-8278 loaded with Charcoal came from Sheikhpir side hence the police had stopped the said Trailer for checking and ascertaining about details of Cargo etc., meanwhile Luxury Bus bearing Reg. No.GJ-01-CX-7288 in which deceased Ajitsinh Premji Jadeja was cleaner was proceeding in full speed and the driver of luxury bus lost control over the steering and dashed with the rear portion of the Trailer and because of that Trialer came into mo0tion and deceased – Pravinsinh who was checking the documents of Trailer fell down and rear wheels of the trailer run over the deceased – Pravinsinh Sodha as a result of which deceased sustained serious injuries. Therefore, the legal heirs of the deceased have filed MAC Petition seeking compensation. After appreciating the evidence produced on record the learned Tribunal was pleased to partly allowed the claim petition.

4) Learned Advocate for the appellant has submitted that the learned Tribunal has committed error while appreciating the documents on record. From bare perusal of the FIR and other documents it clearly indicates that the driver of trailer has stationary stopped his trailer on the road on account of which luxury bus came from back side and dashed on the rear portion of the trailer which resulted in the accident. The said fact is also reflected in FIR, panchnama and if the driver of the trailer has not stopped his vehicle stationary then question does not arise of alleged untoward incident. At around 22:40 the accident was occurred and no evidence or material shows that the trailer was kept with indicator or reflectors for safety therefore the driver of the trailer is equally liable for the accident and hence she has requested to consider contributory negligence of the driver of the trailer as 50%. She has further submitted that the learned Tribunal has committed error in considering agriculture income of Rs.4,500/- in absence of any evidence being deceased was police