IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3352 of 2011 FOR APPROVAL AND SIGNATURE:

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

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

DILIPBHAI VITTHALBHAI BARIYA & ANR.

Versus RAKESHKUMAR NAROTTAMDAS RATHVA & ORS.

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Appearance:

MR PARTHIV A BHATT(5331) for the Appellant(s) No. 1,2 MR ANAL S SHAH(3988) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ==========================================================

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

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 20.08.2011 passed by the learned Motor Accident Claims Tribunal (Main) Panchmahals at Godhra in M.A.C.P. No. 250 of 2009, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.90,000/- (Rupees Ninety Thousand Only) 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 01.01.2009, minor Mr. Anilbhai (hereinafter referred to as the “deceased”) along with his friend Dilipbhai, was travelling on a bicycle to fill milk from Shivrajpur Milk Dairy. In the meantime, a tempo bearing registration No. GJ-06-AA-5139 being driven by respondent No.1 herein, came in a rash and negligent manner, endangering human life, and hit the bicycle on which the deceased was travelling from behind. As a result of the said vehicular accident, the deceased, Mr. Anilbhai, son of the claimants/appellants herein, sustained grievous injuries and thereafter succumbed to those injuries. The FIR being Crime No.1 of 2009 came to be registered at Pavagadh Police Station.

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 12 years and he was hale and hearty, therefore, the Original Claimants/appellants herein preferred before 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, the respondent No.3 herein – Insurance Company of the offending tempo, filed its Written Statement at Exh.16, 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.20:-

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 evidence on record, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.90,000/- (Rupees Ninety Thousand Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

vi. Being aggrieved and dissatisfied with the impugned judgment and award, the original Claimants/appellants herein have preferred the captioned appeal seeking enhancement of the compensation awarded by the learned Tribunal.

3. Heard learned counsels for the parties.

4. Mr. Parthiv A. Bhatt, learned counsel appearing on behalf of the original claimants/appellants herein submitted that at the time of accident, the deceased was aged about 12 years and was helping his parents in their agriculture and animal husbandry work. He further submitted that the learned Tribunal had determined the notional income of the deceased as Rs.