IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 23 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE NISHA M. THAKORE ==========================================================

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

MANJUBEN ALIAS MANJULABEN SHANTILAL GARASIA & ORS.

Versus SIRAJBHAI IMAMUDDIN LUHAR & ANR.

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

Appearance:

NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4,5,6,7 MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 2 RULE UNSERVED for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 12/01/2026 ORAL JUDGMENT

1. The present appeal is filed at the instance of the original claimants under Section 173 of the Motor Vehicles Act, 1988 (for short, “the Act of 1988”), being aggrieved and dissatisfied with the judgment and decree dated 28.10.2020 passed by the learned Motor Accident Claims Tribunal (Main) at Dahod in M.A.C.P. No. 101 of 2010. By the said judgment and decree, the Tribunal has dismissed the claim petition preferred by the present appellants under Section 163A of the Act of 1988. Hence, the present appeal.

2. Before considering the merits of the case, appropriate would be to consider the manner in which the accident had taken place;

2.1 On 27.10.2009, deceased Shantilal Kalabhai Garasia, who was deputed as Police Inspector, L.C.B., was on his way to Dahod to apprehend one accused of robbery. He had started his journey from Godhra and while he had reached near Hotel at Asaydi, one vehicle came from the opposite side, being driven in rash and negligent manner on the wrong side, and had dashed with the Esteem Car of the deceased, resulting in the accident. The deceased had sustained fatal injuries and unfortunately succumbed to the same. The incident was reported with the Devgadh Baria Police Station, pursuant to the complaint registered by one Dhanabhai Bhavanbhai (Unarmed A.S.I.) vide I-C.R. No. 187 of 2009 dated 27.10.2009 for the offences punishable under Sections 279, 304 (A) of the Indian Penal Code as well as under Sections 177, 184 and 134 of the Act of 1988. The said complaint was registered against an unknown driver of an unknown vehicle.

3. PROCEEDINGS BEFORE THE TRIBUNAL :

3.1 The cause of action arose for the heirs and legal representatives of the deceased, which includes the wife of the deceased, major children, and the parents. The claim petition was preferred initially under Section 166 of the Act of 1988, praying for compensation of Rs.80 Lakhs, with interest and proportionate cost. The said claim petition was registered with the Motor Accident Claims Tribunal, Dahod on 10.02.2010 as M.A.C.P. No. 101 of 2010. The said claim petition was preferred against opponent No. 1- Sirajbhai Imamuddin Luhar, being joined as owner of the Esteem Car and opponent No. 2- Bajaj Allianz General Insurance Company Limited, as the Insurance Company of the Esteem Car.

3.2 Responding to the notice issued by the Tribunal, the opponents have entered their appearance. Pending the claim petition, an application was moved seeking deletion of the applicant no.1 on the ground that the father of the deceased, who was originally applicant No. 5, had expired on 30.11.2010. The application was allowed, directing appropriate amendments to be carried out in the main claim petition. The claimants have also preferred an application at Exh. 23, seeking conversion of their claim petition from Section 166 to 163A of the Act of 1988. The Court, upon hearing the learned advocates appearing for the respective parties, vide order dated 10.07.2019, had permitted such conversion. The respondent- Insurance Company had preferred an application under Section 170 of the Act, which came to be allowed vide order dated 02.01.2018.

3.3 The issues were framed by the Tribunal at Exh. 11, which read as under:

“(a) Whether the applicants prove that the dec