IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4258 of 2018 ==========================================================

ORIENTAL INSRUANCE COMPANY LTD Versus PATEL NAGARBHAI BHIKABHAI & ORS.

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Appearance:

MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1 DELETED for the Defendant(s) No. 5 MR KRUNAL G PATEL(8525) for the Defendant(s) No. 1,2 MS.P J.JOSHI(3888) for the Defendant(s) No. 1,2 RULE SERVED for the Defendant(s) No. 3,4 SHASHIKANT F VANIKAR(9442) for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 12/02/2026

ORAL ORDER

1. The captioned appeal is preferred against the impugned judgment and award dated 05.05.2015 passed by the learned Motor Accident Claims Tribunal (Aux.) Banaskantha at Palanpur in M.A.C.P. No. 272 of 1997, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.7,98,000/- (Rupees Seven Lakh Ninety Eight Thousand Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization, as compensation. Against the captioned judgment and award dated 05.05.2015, the appellant herein preferred a Review Application No.7 of 2016, which came to be rejected by the learned Motor Accident Claims Tribunal (Aux.)

Banaskantha at Palanpur, vide order dated 23.12.2016.

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

i. On 15.12.19965, at about 06.00 p.m., deceased–

Manishbhai was returning from Patan to Maktupur on a scooter. He was riding the scooter bearing Registration No. GJ-2-2339 on the correct side of the road at a moderate speed and in compliance with all traffic rules. When he reached the place of the accident, opponent No. 1 – respondent No. 3 herein – arrived there driving a Jeep bearing Registration No. GJ-2-A- 7827 in a rash and negligent manner at an excessive speed without observing traffic regulations and in a manner so as to endanger human life. Consequently, he lost control over the steering of the jeep and collided with the motorcycle of Manishbhai. As a result of the accident, Manishbhai sustained grievous injuries to which he succumbed.

ii. It is stated in the claim petition that, at the time of the accident, the deceased was aged about 54 years and was earning Rs. 1,20,000/- per year while doing business under the name and style of M/s. Himansu Traders and Nirav Traders at Palanpur.

iii.The notices/summons of the Claim Petition were duly served upon the opponents. The opponent nos.4 chosen not to appear before the learned Tribunal, however, the opponent nos.1 to 3 appeared before the learned Tribunal and filed Written-Statement vide Exhs.32, 19 and 34, respectively, thereby, denying the averments made in the claim petition in toto.

iv. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.8, for determination.

i. Whether it is proved that the deceased sustained injuries and died on account of the rashness and negligence on the part of driver of the vehicle involved in the accident?

ii. What amount the claimants are entitled to by way of compensation and from which of the opponents?

iii.What 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.7,98,000/- (Rupees Seven Lakh Ninety Eight Thousand 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 -appellant herein preferred the present appeal.

3. Mr.Rituraj Meena, learned advocate appearing on behalf of Insurance Company vehemently submitted that the income of the deceased was not proved on record. Therefore, the