IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 926 of 2016 FOR APPROVAL AND SIGNATURE:

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

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

SMITABEN W/O PRABHAKAR GHADGE & ORS.

Versus RATHOD HITENDRASINH NARPATSINH & ORS.

==========================================================

Appearance:

MR R G DWIVEDI(6601) for the Appellant(s) No. 1,2,3 MR KRUNAL R SAKSENA(5915) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 2 ==========================================================

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

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 14.03.2016 passed by the learned Motor Accident Claims Tribunal (Aux.) at Vadodara in M.A.C.P. No. 682 of 2003, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.4,63,100/- (Rupees Four Lakh Sixty Three Thousand One Hundred 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 12.02.2003, Mr. Prabhakar Raosaheb Ghadge (hereinafter referred to as the “deceased”) was crossing the road near Vidya Chambers. In the meantime, original opponent No.1/respondent No.1 herein came by driving the motorcycle bearing registration No.GJ-6-HH-3646 at excessive speed and in a rash and negligent manner, and dashed with the deceased who was walking on the road. As a result of the said vehicular accident, the deceased sustained grievous injuries and was taken to Yogini Vasantdevi Arogya Mandir for primary treatment, and thereafter to S.S.G. Hospital for further treatment, where he expired during the course of treatment.

ii. It is also pleaded before the learned Tribunal that at the time of the accident, the deceased was aged about 43 years and he was a working partner of Prabhat Hindu Hotel, thereby earning Rs.6,000/- per month. Therefore, the Original Claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.10,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, the respondent No.3 herein – Insurance Company, filed its Written Statement at Exh.19, thereby denying the averments made in the Claim Petition in toto, 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.19, for determination:-

i. Whether the petitioners prove that the deceased died in a vehicular accident due to negligent driving by the driver of vehicle involved in the accident ?

ii. Whether the petitioners are entitled to get any compensation ? If Yes, what amount and from whom ?

iii. What order and award ?

v. Having considered the pleadings, evidence on record and the submissions advanced by the learned counsels for the respective parties, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.4,63,100/- (Rupees Four Lakh Sixty Three Thousand One Hundred 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 on the ground of quantum. 3. Heard learned counsels for the parties.

4. Mr. R. G. Dwivedi, learned counsel appearing on behalf of the original claimants/appellants herein vehemently submitted that at the time of the accident, the deceased was a working partner of Prabhat Hindu Hotel, thereby earning a salary of Rs. 6,000/- per month, apart from his share of the profits in the said hote