IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3469 of 2012 FOR APPROVAL AND SIGNATURE:

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

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

VINOD KUNVERJI RAJGOR Versus JAKHUBHA MEGHRAJJI JADEJA & ANR.

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Appearance:

MS SHWETA PARMAR, ADVOCATE WITH MR KIRTIDEV R DAVE(3267) for the Appellant(s) No. 1 MR RAHUL K DAVE(3978) for the Appellant(s) No. 1 MS SONAL D VYAS(999) for the Defendant(s) No. 2 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 is preferred against the impugned judgment and award dated 18.10.2019 passed by the learned Motor Accident Claims Tribunal (Aux.) Una & 3^rd Additional District Court, Gir-Somnath, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.69,09,100/- (Rupees Sixty Nine Lakh Nine Thousand One Hundred Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization, as compensation.

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

i. 02.02.1998, the claimant/appellant was riding a Rajdoot motorcycle from Koday Bridge to Kahkhar at a moderate speed on the correct side of the road and in compliance with traffic rules. When he reached the place of the accident, the driver of a Chhakda rickshaw bearing Registration No. GJ-12-V-5673 arrived from the opposite direction, driving the said Chhakda rickshaw in a rash and negligent manner and at an excessively high speed, thereby endangering human life. As a result, the Chhakda rickshaw caused an accident. In the said accident, the claimant/appellant sustained grievous injuries to his leg, head and other parts of the body.

ii. It is the case of the claimant-appellant before the learned Tribunal that at the time of the accident, he was aged about 32 years and he was earning Rs.2000/- to Rs.3000/- per month by doing the work of cooking. Therefore, he filed the claim petition seeking compensation of Rs.

3,00,000/-.

iii.The notices/summons of the Claim Petition were duly served upon the opponents. The opponent no.1 filed Written-Statement vide Exh.7 thereby, denying all the averments made in the claim petition and prayed for dismissal of the claim petition while the opponent no.2-Insurance Company has not filed any Written-Statement.

iv. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.18, for determination.

i. Whether the applicant proves that he was injured by rash and/or negligent act of the driver of vehicle involved in the accident.

ii. Whether the applicant is entitled to get compensation from the opponent or any of them? If yes, what amount and from whom?

iii.What Award?

v. Having considered the oral as well as documentary evidence on record, and having considered the submissions of the learned counsels for the parties, the learned Tribunal awarded a sum of Rs.1,08,400/-(Rupees One Lakh Eight Thousand Four Hundred Only) along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till realization, as compensation.

vi. Being aggrieved and dissatisfied by the impugned judgment and award, the claimant - appellant preferred the present appeal on the ground of quantum.

3. Heard learned counsels for the parties.

4. Ms. Shweta Parmar, learned advocate for the claimant/appellant herein vehemently submitted that at the time of the accident, the claimant/appellant was aged about 32 years and was engaged in the profession of cooking, thereby earning Rs.2,000/- to Rs.3,000/- per month. However, the learned Tribunal has assessed the notional income of the original claimant/appellant at Rs.1,500/- per month. S