IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2475 of 2013 FOR APPROVAL AND SIGNATURE:

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

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

RAMESHBHAI CHHAGANBHAI SANGHOD Versus SHANABHAI RANCHHODBHAI DAMOR & ANR.

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Appearance:

MR MAKBUL I MANSURI(2694) for the Appellant(s) No. 1 MS HINA DESAI(1023) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 16/12/2025

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 09.01.2013 passed by the learned Motor Accident Claims Tribunal (Aux.), Panchmahal at Godhra, in M.A.C.P. No. 1159 of 1995, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.53,250/- along with interest at the rate of 9% per annum, from the date of filing of the Claim Petition till its realization, as compensation.

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

i. On 04.10.1995, at about 6:15 a.m., the original claimant/appellant herein was travelling in an S.T. bus bearing registration No. GJ-1-2659 from Devbaria. The said bus was owned by original opponent No.2/respondent No.2 herein and at the time of the accident, the driver of the S.T. bus - original opponent No.1/respondent No.1 herein, drove the said bus at an excessive speed and in a rash and negligent manner, thereby losing control over the steering of the said bus. As a result, the said S.T. bus turned turtle. In the said vehicular accident, the claimant/appellant herein sustained grievous injuries to his left leg, head, and chest, along with several other bodily injuries. The FIR for the offense came to be registered against respondent No.1 - the driver of the S.T. bus before Dhanpur Police Station as Crime No.173 of 1995.

ii. It is averred in the Claim Petition that at the time of the accident, the claimant/appellant herein was a minor and he sustained grievous fracture injuries to his left leg, head, and chest, along with several other bodily injuries, therefore, he preferred the Claim Petition before the learned Tribunal, seeking compensation to the tune of Rs.3,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponents/respondents herein filed their Written Statement at Exh.10, 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 at Exh.9, for determination:-

1.Whether it is proved that the claimant sustained injuries on account of rashness or negligence in driving on the part of the driver of the vehicle involved in the accident ?

2.What amount, if any, the claimant is entitled to by way of compensation and from whom?

3.What Order ?

v. In order to prove his case, the original claimant/appellant herein led oral as well as documentary evidence, such as:-

vi.Respondents herein have not led any evidence before the learned Tribunal.

vii. Having considered the submissions of the learned advocates for respective parties at bar, and having gone through the evidence on record, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.53,250/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

viii.Being aggrieved and dissatisfied with the impugned judgment and award, the original Claimant/appellant herein preferred the captioned appeal seeking enhancement of the compensation awarded by the learned Tribunal.

3. Heard learned counsels for the parties.

4. Mr. Makbul I. Mansuri, learned c