IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2714 of 2021 FOR APPROVAL AND SIGNATURE:

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

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

DINESHBHAI KARAMSHIBHAI JADAV & ORS.

Versus GUJARAT STATE ROAD TRANSPORT CORPORATION & ORS.

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Appearance:

MR. HEMAL SHAH(6960) for the Appellant(s) No. 1,1.1,1.2,1.3 MR RITURAJ M MEENA(3224) for the Defendant(s) No. 1 MS KARUNA V RAHEVAR(3818) for the Defendant(s) No. 4 RULE SERVED for the Defendant(s) No. 2,3 ==========================================================

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

ORAL JUDGMENT

1. The captioned appeal is filed against the impugned judgment and award dated 03.08.2018 passed by the Motor Accident Claims Tribunal (Special), 9^th Additional District Judge at Rajkot in Motor Accident Claim Petition No.651 of 2008, whereby the learned Tribunal has awarded a sum of Rs.25,000/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.

2. The succinct facts leading to file the captioned appeal is that on 24.04.2007 at about 5:00 pm, the deceased Dineshbhai Jadav was travelling in Chhakdo Rickshaw No.GTS-7026 as the owner of goods and on the way, the driver of S.T. Bus No.GJ-18- V-6336 came with the said bus at very excessive speed in a rash and negligent manner and dashed the said bus with Chhakdo Rickshaw and caused the accident. As a result of the said accident, Dineshbhai Jadav sustained grievous injuries. It is also pleaded in the claim petition that at the time of accident, he was aged about 35 years and earning a sum of Rs.3,000/- per month by doing labour work. During the pendency of the claim petition, the said Dineshbhai Jadav died owing to the injuries sustained in the accident, therefore, the claim petition came to be amended.

3. On being served with the notices of the claim petition, the respondent No.1- G.S.R.T.C. contested the claim petition by way of filing the written statement at Exh-24 and thereby denying the averments made in the claim petition. It was also contended that the accident took place owing to the sole negligence of the driver of the Chhako Rickshaw, therefore, the G.S.R.T.C. is not liable to pay the compensation.

4. Respondent No.4- Oriental Insurance Company Limited has also filed the written statement at Exh-25 thereby denying the averments made in the claim petition and prayed for rejection of the claim petition.

5. Having considered the pleadings of the parties, the learned Tribunal had framed the following issues at Exh-33 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 vehicles involved in the accident?

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

3. What Award?”

6. In order to prove the claim, the appellants/original claimants have led the following oral as well as the documentary evidence before the learned Tribunal.

7. Having considered the pleadings of the learned advocates for the parties, the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.25,000/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.

8. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimants/appellants- herein preferred the captioned appeal on the point of quantum.

9. Heard learned advocates for the parties.

10. Mr. Hemal Shah, learned advocate appearing on behalf of the original claimants/appellants- herein, vehemently submitted that the accident in question, Dineshbhai Jadav sustained grievous injuries. He further submitted that the said