IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1294 of 2014 FOR APPROVAL AND SIGNATURE:

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

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

SURESHBHAI MAGANBHAI PRAJAPATI Versus HASMUKHBHAI PUNJABHAI CHAVDA & ORS.

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Appearance:

MR SHUSHIL R SHUKLA(5603) for the Appellant(s) No. 1 MR DAKSHESH MEHTA(2430) 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 : 04/12/2025

ORAL JUDGMENT

1. The captioned appeal is preferred against the impugned judgment and award dated 30.01.2014 passed by the learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No. 1672 of 2009, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.2,53,214/-(Rupees Two Lakh Fifty Three Thousand Two Hundred Fourteen Only) along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till realization, as compensation.

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

i. On 31.05.2009, at about 20:30 hours, near Mahi Canal, Matar, on the Tarapur–Kheda road, the claimant–appellant herein was going to Kheda from Khambhat by driving his Maruti Van bearing Registration No. GJ-15K-2257, in the meantime, opponent no.1, driving a Maruti Zen bearing Registration No. GJ-1-HF-1066 came from the wrong side at an excessive speed in a rash and negligent manner and collided with the claimant–appellant’s Maruti Van. As a result of the said accident, the appellant sustained severe injuries including fractures on his person.

ii. It is the case of the claimant–appellant herein before the learned Tribunal that at the time of the accident, he was aged about 37 years and engaged in the business of bricks, earning approximately Rs. 5,000/- to Rs. 6,000/- per month. It was further pleaded that due to the injuries sustained in the accident, the claimant suffered disability in his right leg, as a result of which he is unable to perform hard work or routine activities and experiences severe pain while doing so.

iii.The notices/summons of the Claim Petition were duly served upon the opponents. The opponent no.3-Insurance Company filed Written Statement vide Exh.56, thereby, denying the contents of claim petition in toto and prayed for dismissal of the claim petition.

iv. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.25, for determination.

i. Whether the applicant proves that he sustained injuries due to the rash and negligent driving of driver of the offending vehicle, involved in the accident?

ii. Whether the claimant is entitled to any amount of compensation? If Yes, to what extent and from whom?

iii. What order and award?

v. Having considered the oral as well as documentary evidence on record, and having considered the submissions of the learned counsels for the parties, the learned Tribunal awarded a sum of Rs.2,53,214/-(Rupees Two Lakh Fifty Three Thousand Two Hundred Fourteen Only) along with interest at the rate of

7.5% per annum, from the date of filing of the claim petition till realization, as compensation..

vi. Being aggrieved and dissatisfied by the impugned judgment and award, the claimant - appellant preferred the present appeal on the ground of quantum.

3. Heard learned counsels for the parties.

4. Mr. Shushil Shukla, learned advocate for the claimant/appellant herein vehemently submitted that at the time of accident, the claimant/appellant herein was aged about 39 years and he was doing the business of preparing the bricks, and thereby, earning Rs.5000/- to Rs.6000/-, but the same income could not be proved on record. Therefore, the lear