Modification of Judgment dtd. 11/09/2025 in R/FA/208/2022

0.21025659344603786 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 208 of 2022 [On note for speaking to minutes of order dated 11/09/2025 in R/FA/208/2022 ]

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PRAKASHSINH S/O GIRDHARI RAJPUROHIT & ORS.

Versus RAJKUMAR AKCHIYAR TIWARI & ORS.

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Appearance:

MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5 MR.KRUTIK A PARIKH(7268) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 4,5 RULE UNSERVED for the Defendant(s) No. 1,2 =============================================

CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 06/02/2026

ORAL ORDER

1. Heard learned advocate Mr. Hiren Modi appearing for the appellants. The present note for speaking to minutes has been preferred by the appellants on the apprehension that the Tribunal while considering the directions issued by this Court as recorded in para 17 may proceed to fix the part of the amount in the Fixed Deposits while releasing the remaining amount in favour of the appellant no.1. He has therefore, prayed for clarification / modification of the oral judgment dated 11.09.2025 passed in the captioned appeal, more particularly, in para 17.

2. Considering the submissions made by the learned advocate for the appellant wherein he has fairly conceded to the fact that as such there is no error in the order and the direction is explicitly clear. However, the same being filed on the apprehension, this Court is not inclined to entertain the note for speaking to minutes which would amount to modification / clarification of the judgment dated 11.09.2025 passed in the captioned appeal. On bare reading of the observations made by this Court in para 17, it is expressly observed that “the Tribunal is directed to release the amount for the share of the original claimant no.1 being the husband of the deceased subject to due verification and in terms of the guidelines of the Hon’ble Supreme Court in this regard. As regards the amount of compensation to the share of the minor children are concerned who are original claimant no. 1 to 5, the Tribunal shall strictly adhere to the guidelines of the Hon’ble Supreme Court, let the amount apportioned to the share of the original claimant nos. 2 to 5 be invested in the fixed deposit scheme with any nationalized bank till the date of they attain majority respectively. The interest which may accrue on such fixed deposit is permitted to be periodically withdrawn through their guardian.”

3. In view of the aforesaid clear directions, the apprehension of the learned advocate is misplaced. The note for speaking to minutes stands disposed of.

(NISHA M. THAKORE,J)

RATHOD KAUSHIKSINH R/FA/208/2022 0.21025659344603786 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 208 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE NISHA M. THAKORE --Sd/- ======================================

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

PRAKASHSINH S/O GIRDHARI RAJPUROHIT & ORS.

Versus RAJKUMAR AKCHIYAR TIWARI & ORS.

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Appearance:

MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5 MR.KRUTIK A PARIKH(7268) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 4,5 RULE UNSERVED for the Defendant(s) No. 1,2 ======================================

CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 11/09/2025 ORAL JUDGMENT

1. The present appeal is filed at the instance of original claimants being aggrieved and dissatisfied under Section 173 of the Motor Vehicle Act, 1988, being aggrieved and dissatisfied with the judgment and award dated 30th July, 2020, passed by the Motor Accident Claims Tribunal, Surat in Motor Accident Claim Petition No.179 of 2017. By the said R/FA/208/2022 0.21025659344603786 impugned judgment and award, the Tribunal has, though partly allowed the claim petition preferred by the original claimants unde