IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 505 of 2020 FOR APPROVAL AND SIGNATURE:

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

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

NATIONAL INSURANCE COMPANY LIMITED Versus MANISHABEN RAKESHKUMAR BHATT & ORS.

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Appearance:

KRUPALI N BHATT(9455) for the Appellant(s) No. 1 MR. HEMAL SHAH(6960) for the Defendant(s) No. 1,2,3,4,5 RULE SERVED for the Defendant(s) No. 6,7 RULE UNSERVED for the Defendant(s) No. 8 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 18/12/2025

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, Gir-Somnath in M.A.C.P. No. 18 of 2018, 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 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. On 23.05.2018, at about 08:00 p.m., the deceased-Rakeshkumar Dhirajlal along with his wife and two minor children was travelling as a passenger in a luxury bus bearing Registration No. GJ-5-BT-9906 from Una to Ahmedabad. When the bus reached the Talaja–Trapaj Highway near Village Dharki at about 02:00 a.m., opponent No.1 - respondent No.6 herein, the driver of the said luxury bus started to drive the said bus at an excessive speed in a rash and negligent manner in violation of traffic rules and collided with a truck bearing Registration No. GJ-1-CX-1390 from behind. It is further stated that, at the time of the accident, the truck was parked in a stationary condition on the road without any indicator, reflector, or warning sign, thereby breaching traffic rules. The accident, therefore, occurred due to the composite negligence of the drivers of both vehicles.

ii. It is stated in the claim petition that, at the time of the accident, the deceased was aged about 40 years and was earning Rs. 34,400/- per month while working as a Clerk in M. S. Sandhavi Vidhyalaya.

iii.The notices/summons of the Claim Petition were duly served upon the opponents. The opponent nos.2 & 4 – respondent nos. 7 & 8 herein chosen not to appear before the learned Tribunal, however, the Insurance Company of a Luxury Bus appeared before the learned Tribunal and filed Written-Statement at Exh.10, thereby, denying the averments made in the claim petition in toto. It has been stated therein that the accident occurred owing to the sole negligence of the driver of the truck. It has also averred that the liability may be apportioned between drivers of both the vehicles.

iv. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.20, for determination.

i. Whether the petitioner proves that the deceased died due to the rash and negligent driving on the part of driver of the vehicle involved in the accident?

ii. What the petitioner is entitled to get compensation? If yes, what amount and from whom?

iii.What Award and Order?

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.69,09,100/- (Rupees Sixty Nine Lakh Nine Thousand 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.

vi. Being aggrieved and dissatisfied by the impugned judgment and award, the Insurance Company of the Luxury Bus preferred the captioned appeal mainly on two grounds i.e. the inter-se liability of both vehicles has no