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NEUTRAL CITATION

C/FA/1485/2016 JUDGMENT DATED: 03/02/2026

0.07963534793346583

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 1485 of 2016

With

R/CROSS OBJECTION NO. 5 of 2017

In

R/FIRST APPEAL NO. 1485 of 2016

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No

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BHAVNABEN SHAILESHBHAI MEVADA & ORS.

Versus

MAHESHBHAI DEVRAJBHAI PATEL (VADUKIYA) (DELETED) & ORS.

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Appearance:

MR TUSHAR L SHETH(3920) for the Appellant(s) No. 1,2,3,4

DELETED for the Defendant(s) No. 1,2

MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3

RULE SERVED for the Defendant(s) No. 4,5

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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 03/02/2026

ORAL JUDGMENT

1. The captioned appeal and cross objections have been

preferred against the impugned judgment and award dated

22.03.2016 passed by the learned Motor Accident Claims

Tribunal (Aux.), at Gondal, in M.A.C.P. No. 388 of 2006,

whereby the learned Tribunal partly allowed the Claim

Petition and awarded a sum of Rs.8,00,000/- (Rupees Eight

Lakhs 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.

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NEUTRAL CITATION

C/FA/1485/2016 JUDGMENT DATED: 03/02/2026

0.07963534793346583

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 27.08.2006 at about 4:00 p.m., Mr.

Shaileshbhai Vinodrai Mevada (hereinafter

referred to as the “deceased”) was travelling in a

rickshaw bearing registration No.GJ-3W-6621

along with goods, as a passenger. The said

rickshaw was being driven by original opponent

No.4. When they reached near Puja Vihar

Restaurant on Rajkot – Gondal National Highway

No. 8b, the said rickshaw dashed into the

backside of a truck bearing registration No. GTG-

4267, which was lying stationary on the road,

without any signal, sign or reflectors. As a result

of the said vehicular accident, the deceased

sustained grievous injuries and he succumbed to

the said injuries.

ii. It is the case of the original claimants/appellants

herein before the learned Tribunal that the

accident in question occurred due to the negligent

parking of the offending truck and due to the

negligent driving of the rickshaw. It is also the

case of the original claimants/appellants before

the learned Tribunal that the deceased was aged

about 37 years and he was earning Rs.1,00,000/-

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NEUTRAL CITATION

C/FA/1485/2016 JUDGMENT DATED: 03/02/2026

0.07963534793346583

per annum, by doing wholesale business of

jaggery. Therefore, the Original

Claimants/appellants herein preferred the Claim

Petition before the learned Tribunal seeking

compensation to the tune of Rs.18,00,000/-.

iii.Having been served with the notices/summons of

the Claim Petition, original opponent No.1 –

Driver of the truck and original opponent No.2 –

Owner of the truck had chosen not to appear

before the learned Tribunal, while, the cross

objector/respondent No.3 herein – Insurer of the

truck and Original opponents Nos.4 & 5 – driver

& owner of the rickshaw filed their respective

Written Statements at Exh.16 and Exh.27, 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 GTG-4267 or the Driver of the

GJ-3W-6621 or that of both, and if so, with

what effect ?

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