IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 716 of 2018 FOR APPROVAL AND SIGNATURE:

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

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

IFFCO TOKIO GENERAL INSURANCE COMPANY Versus PUSHPABEN PUSHARAM MISTRI (LUHAR) WD/O. PURHARAM GEVARCHAND (LUHAR) & ORS.

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Appearance:

MR KRUNAL R SAKSENA(5915) for the Appellant(s) No. 1 MS DISHA N NANAVATY(2957) for the Defendant(s) No. 1,2,3,4,5 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 05/02/2026

ORAL JUDGMENT

1. Captioned appeal is filed against the impugned judgment and award dated 29.09.2017 passed by the Motor Accident Claims Tribunal (Aux), City Civil Court, Ahmedabad in Motor Accident Claim Petition No.1044 of 2007, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.9,73,200/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.

2. The succinct facts leading to file the captioned appeal is that on 24.07.2007 at about 8:30 hours in the night, the deceased Pusharam Gevarchand Mistri (Luhar) while he was going from Blind Men’s Association Cross Roads towards Helmet Circle opposite to the G.M.D.C. ground by riding his luna bearing registration No.GJ-A-KK-7018 on the correct side of the road at very moderate speed by following the traffic rules and when he reached at the place of accident, the respondent No.6- herein came in rash and negligent manner by driving the auto rickshaw bearing registration No.GJ-A-AV-371 and suddenly applied the brake. Resultantly, the said auto-rickshaw turned turtle and fell onto the deceased, who was passing beside it. Resutantly, the said deceased sustained grievous injuries and he admitted to SAL Hospital where he received the treatment as indoor patient from 24.07.2007 to 26.07.2007 and thereafter he was shifted to V. S. Hospital where he succumbed to the injuries on 30.07.2007. It is also the case of the original claimants/respondent Nos.1 to 5- herein that at the time of accident, the deceased was gainfully engaged in the work of making furniture on contract basis from private client as well as from the shop and office owners thereby he was earning a sum of Rs.11,000/- to Rs.12,000/- per month. It has also been averred that during the peak season of business he used to earn an additional amount of Rs.3,000/- to Rs.3,500/- per month. It has also been averred that at the time of accident, the deceased was aged about 47 years, therefore, they filed claim petition for seeking the compensation of Rs.18,49,953/-.

3. On being served, the opponent No.1 & 2/respondent No.6 & 7- herein had chosen not to appear before this Court. The driver of the offending auto-rickshaw was deleted from the array of the parties and the owner was proceeded ex-parte, however, the respondent No.3/appellant- herein had filed the written statement thereby denying all the averments made in the claim petition and prayed for rejection of the claim petition. In addition to the usual defences, the Insurance Company has also contended that the driver of the auto-rickshaw was not holding a valid and effective driving license at the time of the accident. Therefore, the Insurance Company is not liable to satisfy the award.

4. Having considered the pleadings, evidence and submissions made by the learned advocates for the respective parties, the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.9,73,200/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till realization.

5. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant- Insurance Company has challenged the impugned judgment and a