IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1821 of 2019 FOR APPROVAL AND SIGNATURE:

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

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

RAKESHKUMAR RAMANBHAI PATEL Versus BHARAT TULSIDAS DASANI & ORS.

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Appearance:

KURVEN K DESAI(7786) for the Appellant(s) No. 1 TIRTH NAYAK(8563) for the Appellant(s) No. 1 MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3 NOTICE SERVED for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 04/12/2025

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 18.01.2019 passed by the learned Motor Accident Claims Tribunal (Aux.), Ahmedabad in M.A.C.P. No. 736 of 2011, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.74,430/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation. However, respondent No.2 – owner of the offending vehicle and respondent No.3 – Insurance Company of the offending vehicle, were exonerated. 2. The succinct facts, which led to the filing of the captioned appeal are summarized as under:-

i. On 27.10.2011, the appellant along with his wife and nephew were travelling on motorcycle GJ-09- R-8158 from his house at Narada to Sai Baba temple to offer the prayer. The said motorcycle was being driven by the claimant/appellant herein at very moderate speed at the correct side of the road, after observing the traffic rules. When they were passing by the opposite side of the Sai Baba Temple, the respondent No.1 herein came by driving motorcycle bearing Registration no. GJ-01- LC-5689 in a rash and negligent manner at excessive speed, endangering human life and dashed with the motorcycle of the appellant. Due to the impact of the said accident, the appellant herein sustained grievous injuries. It is also pleaded before the learned Tribunal that the accident had occurred owing to the sole negligence of rider of the offending motorcycle bearing Registration No. GJ-01-LC-5689.

ii. Having been served with the notices/summons of the Claim Petition, the respondent Nos.1 & 2 herein have chosen not to appear before the learned Tribunal, however the respondent No.3 – Insurance Company filed its Written Statement at Exh.25, thereby denying the averments made in the Claim Petition in toto, and contended that the accident occurred owing to the sole negligence of the claimant himself and prayed for dismissal of the Claim Petition.

iii.Having considered the pleadings of the parties and the material available on record, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.74,430/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation. However, the respondent no.2– owner of the offending motorcycle and respondent No.3 – Insurance Company of the offending motorcycle, were exonerated on the ground that the claimant/appellant herein could not prove the involvement of the said motorcycle in the accident.

iv. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimant/appellant herein preferred the captioned appeal thereby challenging the exoneration of respondent Nos.2 & 3.

3. Heard learned counsels for the parties.

4. Ms. Spruha Joshi, learned advocate appearing on behalf of Mr. Tirth Nayak, learned counsel for the claimant/appellant, vehemently submitted that in the original complaint, the wrong registration number of the motorcycle which caused the accident came to be mentioned. However, in the subsequent statement of the complainant/appellant recorded by the police, the correct registration number of the motorcycle involved