IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2948 of 2013 FOR APPROVAL AND SIGNATURE:

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

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

RASIKBHAI SHIVBHAI BHUVA Versus ASHOKBHAI KURJIBHAI THUMMAR & ANR.

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Appearance:

MR HR LATHIGARA(423) for the Appellant(s) No. 1 MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 17/12/2025

ORAL JUDGMENT

1. This captioned appeal is filed against the impugned judgment and award dated 08.11.2012 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Jetpur in MACP No.213/2010, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.4,07,000/- as a compensation along with interest at the rate of 8%

per annum from the date of filing of claim petition till its realization.

2. The succinct facts leading to file the captioned appeal are that on 15.04.2010, the original claimant/appellant herein was riding his motorcycle bearing registration no.GJ-11-FF-9305 on the correct side of the road in moderate speed and when he reached near the bridge on Champrajpur, in the meantime, the driver of the truck bearing registration no.GJ-3AT-2882 came with the said truck from the wrong side, in rash and negligent manner at excessive speed, so as to endanger the human life and dashed with the motorcycle of the appellant. Due to the impact of the said accident, the appellant herein sustained the fracture on his thigh of the right leg and other serious injuries on the various parts of his body and hence, sustained permanent disablement. Therefore, the claim petition for seeking the compensation of Rs.8,00,000/- was filed by the claimant.

3. On being served, the respondent no.2/insurance company filed the written statement at Exh.13, thereby denying the contentions and averments made in the claim petition and prayed for dismissal of the claim petition. It was also contended that the driver of the offending vehicle was not holding the valid driving license to drive the said vehicle.

4. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.15:-

(1) Whether the applicant proves that he/she has sustained injuries in an accident involving the motor vehicle as alleged and that the accident was occurred due to wrongful act of neglect or neglect of default of the driver of concerned vehicle as alleged?

(2) Whether the applicant is entitled to get the compensation? If yes, what amount?

(3) Who is liable for the compensation?

(4) Whether the applicant is entitled for the interest upon the amount of compensation? If yes, at what rate?

(5) What order and award?

5. In order to prove his claim, the original claimant/appellant herein led the following oral as well as documentary evidence:-

6. The respondents have not led any evidence in support of their defense.

7. Having considered the evidence on record, the learned Tribunal had partly allowed the claim petition and awarded a total compensation of Rs.4,52,000/- and thereafter deducted 10% on account of the self negligence of the claimant/appellant and finally awarded a sum of Rs.4,07,000/- as a compensation along with interest at the rate of 8%

per annum from the date of filing of claim petition till its realization.

8. Being aggrieved and dissatisfied with the impugned judgment and award, the claimant/appellant preferred the captioned appeal on the ground of quantum.

9. Heard learned counsels for the parties.

10. Mr. H.R. Lathigara, learned counsel appearing on behalf of the original claimant/appellant vehemently submitted that at the time of accident, the claimant/appellant was engaged in agriculture and was thereby earning Rs.2,00,000/- per annum. Howe