IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3836 of 2017 FOR APPROVAL AND SIGNATURE:

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

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

NATIONAL INSURANCE COMPANY LTD.

Versus SUNILBHAI SHANTILAL SHAH & ORS.

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Appearance:

MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 MR VC THOMAS(5476) for the Defendant(s) No. 3 MR. HJ KARATHIYA(7012) for the Defendant(s) No. 2 NISHIT A BHALODI(9597) for the Defendant(s) No. 4,5,6,7,8,9 RULE SERVED for the Defendant(s) No. 1 ==========================================================

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 21.08.2017 passed by the learned Motor Accident Claims Tribunal (Special) & 9^th Additional District Judge at Rajkot, in M.A.C.P. No. 786 of 2005, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.8,90,200/- 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 22.05.2005, Ms. Hemiben (hereinafter referred to as the “deceased”) was travelling in a utility Jeep bearing registration No.GJ-3Y-7147. When the said jeep reached near village Kuchiyadad, it stopped to pick up a passenger; in the meantime, original opponent No.1 came by driving one Maruti Car bearing registration No.GJ-1-AR-5785, at very excessive speed and in a rash and negligent manner, and dashed with the jeep on which the deceased was travelling, thereby causing the accident. As a result of the said vehicular accident, the deceased sustained grievous injuries and she succumbed to the said injuries.

ii. It is also the case of the original claimants before the learned Tribunal that at the time of the accident, the deceased was aged about 40 years and she was engaged in labour work, thereby earning Rs.3,500/- per month. Therefore, the Original Claimants 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.2/appellant herein– Insurer of the Maruti Car, filed its Written Statement at Exh.23, thereby contended that the accident had occurred owing to the sole negligence of driver of utility jeep and prayed for dismissal of the Claim Petition, while original opponent No.4 – Insurer of the utility jeep, filed its Written Submission at Exh.17, thereby contended that the accident had occurred owing to the sole negligence of the driver of the Maruti Car, and 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 deceased sustained injuries and died 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 had partly allowed the Claim Petition and awarded a sum of Rs.8,90,200/- 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 appellant – Insurance Company has preferred the captioned appeal on the ground of quantum.

3. Heard learned counsels