IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1823 of 2016 FOR APPROVAL AND SIGNATURE:

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

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

AJAYBHAI HIRJIBHAI GOHIL Versus DHIRUBHAI VITTHALBHAI CHUDASMA & ORS.

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Appearance:

MR BM MANGUKIYA(437) for the Appellant(s) No. 1 MS BELA A PRAJAPATI(1946) for the Appellant(s) No. 1 MR YOGI K GADHIA(5913) for the Defendant(s) No. 3 MS DIMPLE A THAKER(6838) 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 05.05.2016 passed by the learned Motor Accident Claims Tribunal (Aux.), at Bhavnagar in M.A.C.P. No. 115 of 2006, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.96,700/- (Rupees Ninety Six Thousand Seven 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, as narrated in the Claim Petition are summarized as under:-

i. On 03.01.2006, the original claimant/appellant herein – Mr. Ajaybhai Hirjibhai Gohil was travelling on a Hero Honda motorcycle bearing registration No. GJ-4-AC-501, as a pillion rider. The said motorcycle was driven by the original opponent No.4 and Original opponent No.5 was the owner of the said motorcycle. When they reached near the place of accident at about 08:30 a.m., the original opponent No.1/respondent No.1 herein, came by driving a three wheel tempo bearing registration No. GJ-4V-4328, at an excessive speed and in a rash and negligent manner, and dashed with the motorcycle on which the original claimant/appellant herein was travelling at its right side, thereby causing the accident. As a result of the said vehicular accident, the original claimant/appellant herein, sustained grievous injuries on several parts of his body and he was immediately taken to the hospital of Dr. Bipin Balar, M.S. (Ortho), Bhavnagar, where he was operated for dislocation of right leg knee. Beside this, he was also treated for fracture injury of lateral femoral condyle, undisplaced fracture of upper end tibia and dislocation of patella.

ii. It is also the case of the original claimant/appellant herein before the learned Tribunal that at the time of the accident, he was aged about 28 years and was gainfully engaged in diamond polishing work, thereby earning Rs.7,000/- per annum. Therefore, the Original Claimant/appellant herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.5,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponent No.1&2/respondent Nos.1&2 herein – Driver & Owner of offending tempo had filed their Written Statement at Exh.17, thereby contended that they are not negligent in causing the accident, while original opponent Nos.4&5/respondent Nos.4&5 herein – Driver & Owner of the Motorcycle on which the claimant was travelling at the time of accident, filed their Written statement at Exh.18, thereby contended that the accident in question had occurred owing to the sole negligence of the driver of the offending tempo. Both Insurance Companies, viz., respondent No.3 – Insurer of the offending tempo & respondent No.6 – Insurer of the motorcycle on which the claimant was travelling filed their respective Written Statements at Exh.34 & Exh.26, thereby denying the averments made in the Claim Petition and prayed for dismissal of the Claim Petition.

iv. Having considered the pleadings of the parties and the material available on record, the learned Tribu