IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1452 of 2018 FOR APPROVAL AND SIGNATURE:

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

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

CHANDANSINH SHAMBHUSINH PARMAR & ANR.

Versus JUGBA DHARMENDRASINH ZALA & ORS.

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Appearance:

MR VAIBHAV N SHETH(5337) for the Appellant(s) No. 1,2 MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3 MR YOGI K GADHIA(5913) for the Defendant(s) No. 6 RULE SERVED for the Defendant(s) No. 1,2,4,5 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 10/02/2026

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 22.06.2017 passed by the learned Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar, in M.A.C.P. No. 83 of 2010, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.3,25,000/- (Rupees Three Lakh Twenty Five Thousand Only) along with interest at the rate of 8% 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, as narrated in the Claim Petition are summarized as under:-

i. On 05.12.2009, the son of original claimants/appellants herein – Mr. Tejsinh Chandansinh Parmar (hereinafter referred to as the “deceased”) was travelling on a truck bearing registration No. GJ-9-V-7579 from Himmatnagar to Ahmedabad. The deceased was working in the said truck as a conductor. At about 12:45 a.m., the said truck which was driven in a rash and negligent manner by original opponent No.1, suddenly entered the National Highway No.8 from the service road, without observing traffic rules and dashed with a luxury bus bearing registration No.RJ-09-P-2723, which was headings towards Himmatnagar, thereby causing the accident. As a result of the said vehicular accident, the deceased sustained grievous injuries and he succumbed to the said injuries.

ii. It is also the case of the original claimants/appellants herein before the learned Tribunal that at the time of the accident, the deceased was aged about 24 years and he was gainfully engaged as a conductor in the truck involved in the accident, thereby earning Rs.3,500/- per month. Therefore, the Original Claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.6,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponent Nos. 1, 2, 4 & 5/respondent Nos. 1, 2, 4 & 5 herein – Driver & Owner of both the vehicles, had chosen not to appear before the learned Tribunal, while original opponent Nos.3 & 6/respondent Nos.3 & 6 herein – Insurance companies of both vehicles, filed their respective Written statements at Exh.25 and Exh.17, 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, for determination:-

i. Whether it is proved that the applicant sustained injuries on account of rashness or negligence in driving on the part of the driver of the vehicle involved in the accident?

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

iii. What order ?

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.3,25,000/- (Rupees Three Lakh Twenty Five Thousand Only) along with interest at the rate of 8% per annum, from the date of filing of the Claim Petition till its realization as compensation, an