IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2265 of 2013 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ========================================================== HEIR OF DECD. DAYABHAI PANCHABHAI ZAPDA ZAYADA & ORS.

Versus SUKHABHAI BACHUBHAI DANGAR & ORS.

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

Appearance:

MR TUSHAR L SHETH(3920) for the Appellant(s) No. 1,2,3,4,5,6 MR C P CHANIYARA(6836) for the Defendant(s) No. 2 MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 09/02/2026

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 13.10.2012 passed by the learned Motor Accident Claims Tribunal (Aux.), Gondal, in M.A.C.P. No. 1320 of 2000, whereby the learned Tribunal calculated the total compensation to the tune of Rs.3,54,088/- and thereafter deducted 20% on account of the negligence of the deceased himself, and thereby awarded a sum of Rs.2,83,270/- (Rupees Two Lakhs Eighty-Three Thousand Two Hundred Seventy Only) along with interest at the rate of 7% 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 10.10.2000 at about 03:00 p.m., Mr. Dayabhai (hereinafter referred to as the “deceased”) was riding his motorcycle bearing registration No.GJI- 2261 towards Godal village to fetch milk. When he reached near the place of accident, the original opponent No.1/respondent No.1 herein, came by driving a Matador bearing registration No.GJ-3U- 9326, at very excessive speed and in a rash and negligent manner, and dashed with the motorcycle driven by the deceased, thereby causing the accident. As a result of the said vehicular accident, the deceased sustained grievous bodily injuries and he succumbed to the injuries.

ii. It is the case of the original claimants/appellants herein before the learned Tribunal that at the time of the accident, the deceased was aged about 30 years and he was earning Rs.4,000/- per month, by doing agricultural and animal husbandry work in his agricultural land and by distributing milk. It is also the case of the original claimants that the deceased was the sole earner in their family and his death has caused irreparable loss to their family. Therefore, the Original Claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.9,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponent Nos.1&2/respondent Nos.1&2 herein, and the original opponent No.3/respondent No.3 herein - Insurer of the offending matador filed their respective Written Statements at Exh.9 & Exh.13, thereby denying the averments made in the Claim Petition, 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 the accident was caused due to rash and negligent driving on the part of the driver of GJ-3U-9326 alleged?

ii. Whether the applicant/s is/are entitled to recover any compensation ? If yes, how much and from whom ?

iii. What order and award ?

v. Having considered the pleadings, evidence on record and the submissions advanced by the learned counsels for the respective parties, the learned Tribunal calculated the total compensation to the tune of Rs.3,54,088/- and thereafter deducted 20% on account of the negligence of the deceased himself, and thereby awarded a sum of Rs.2,83,270/- (Rupees Two Lakhs Eighty-Three Thousand Two Hundred Seventy Only) along with interest a