IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3259 of 2024 With CIVIL APPLICATION (FOR PRODUCTION OF ADDITIONAL EVIDENCES) NO. 1 of 2025 In R/FIRST APPEAL NO. 3259 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==============================================

Approved for Reporting Yes No √

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MINOR VIDHI DHAVALKUMAR ISHWARBHAI PATEL Versus MUKESHBHAI RANABHAI NANDOLIYA (DELETED) & ORS.

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Appearance:

MS DISHA N NANAVATY(2957) for the Appellant(s) No. 1 DELETED for the Defendant(s) No. 1 MANDEEP SINGH SALUJA(8791) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 2 ==============================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 18/12/2025

ORAL JUDGMENT

ORDER IN CIVIL APPLICATION Learned Advocate for the appellant has filed the present application under Order XLI Rule 27 of the Code of Civil Procedure seeking production of additional evidence i.e. Disability Certificate dated 29.07.2021 issued by Medical Authority, Aravalli, Gujarat, in the present appeal.

Hon’ble Supreme Court in case of Bajaj Allianz General Insurance Company Pvt Ltd Vs Union of India, in Writ Petition(s) (Civil) No(s).534/2020 dated 16.11.2021 has issued certain directions, reads as under:

“(iv) As far as the aspect of the issuance of certificate on disability of victims is concerned it is reiterated that the guidelines laid down by this Court in Raj Kumar v. Ajay Kumar and Anr., (2011) 1 SCC 343 mandatorily must be followed by the MACTs, in respect of loss of income due to injury/disablement. The District Medical Board is also directed to follow the guidelines issued by the Ministry of Social Justice and Empowerment, Government of India vide Gazette Notification S. No.61, dated 05.01.2018, for issuance of Disability Certificate in order to bring Pan India uniformity.

The consequence is that the MACT would ascertain that permanent disability certificate issued by the District Medical Board or body authorized by it is in accordance with the Gazette Notification alone. Once the certificate is issued in this manner, the same can be marked for purposes of being taken into consideration as evidence without the necessity of summoning the concerned witness to give formal proof of the documents unless there is some reason for suspicion on the document.”

In the present case it appears that the claimant has filed application for tendering the said evidence before the learned Tribunal, however, the learned Tribunal has passed the order but inadvertently the same is not signed by the presiding officer. Therefore, considering the above circumstances, this Court is of the view that the said evidence is required to award just compensation and hence the Disability Certificate dated 29.07.2021 (as mentioned in para 3 of the present application) is admitted and allowed to be taken on record.

Accordingly, the present application is disposed of being allowed.

JUDGMENT IN FIRST APPEAL

1) Feeling aggrieved and dissatisfied with the judgment and award dated 31.08.2023 passed by learned Motor Accident Claims Tribunal (Auxi.), Botad (hereinafter referred to as "the Tribunal for short), in Motor Accident Claim Petition No.260 of 2018, the appellant – original claimant has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

2) Heard Ms. D. N. Nanavaty, learned Advocate for the appellant –

original Claimant and Mr. Mandeep Saluja learned Advocate for the respondent no.3. Perused the original record and proceedings.

3) It is the case of the appellant – original claimant that on

16.05.2014, Dhavalkumar Ishwarbhai Patel along with his wife and minor claimant – Vidhi Dhavalkumar Patel (who shall hereinafter be referred to as “injured”) were going on motorcycle. At that time opponent no.1 was driving Truck bearing Reg. No.GJ-11-Z-5337, came with full spee