IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2261 of 2013 FOR APPROVAL AND SIGNATURE:

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

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

ABEDABIBI WD/O FARUK YUSUFBHAI DHODAWALA & ORS.

Versus DEVISINH SUJANSINH RAJPUT & ANR.

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Appearance:

MR MTM HAKIM(1190) for the Appellant(s) No. 1,2,3,4,5,6,7 MR HS MUNSHAW(495) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 15/12/2025

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 04.07.2012 passed by the learned Motor Accident Claims Tribunal (Aux.) Panchmahal at Godhra in M.A.C.P. No. 3183 of 2000, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.7,16,200/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization and held the driver of the tempo negligent to the extent of 20% in causing in accident, while opponent No.1/respondent No.1 herein – driver of S.T. bus was held negligent to the extent of 80% in causing the accident.

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

i. On 20.11.2000, Mr. Faruk Yusufbhai Dhodawala (hereinafter referred to as “the deceased”), was travelling in his own tempo bearing registration No. GJ-7-X-5433 along with his goods. The said tempo was being driven by his driver - Mr. Arjunbhai at very moderate speed and on the correct side of the road, by observing traffic rules. When the said tempo reached near the place of accident at Madhvas village, a S.T. bus bearing registration No. GJ-1-Z-3463 owned by opponent No.2/respondent No.2 herein and being driven by opponent No.1/respondent No.1 herein, came at an excessive speed in a rash and negligent manner and dashed with the said tempo in which the deceased was travelling. Due to the impact of the said vehicular accident, the deceased sustained grievous injuries and he succumbed to the said injuries.

ii. It is also the case of the original claimants/appellants herein before the learned Tribunal that at the time of the accident, the deceased was aged about 32 years and was gainfully engaged in transport business, thereby earning Rs.10,000/- per month. Therefore, the original claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.10,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, opponent No.2/respondent No.2 herein – Gujarat State Road Transport Corporation (owner of the offending S.T. Bus driven by opponent No.1/respondent No.1 herein) filed their Written Statement at Exh.32, thereby denying the averments made in the Claim Petition and in brief, prayed for dismissal of the Claim Petition.

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

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. Having considered the oral and documentary evidence on record, the learned Tribunal held the driver of the tempo negligent to the extent of 20% in causing the accident, while the opponent No.1/ respondent No.1 herein - driver of the S.T. bus was held 80% negligent for causing the accident. The learned Tribunal awarded a sum of Rs.7,16,200/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its