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NEUTRAL CITATION

Modification of Judgment dtd.

C/FA/332/2024 ORDER DATED: 02/04/2026

26/02/2026 in R/FA/332/2024

0.46036906028089175

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 332 of 2024

[On note for speaking to minutes of order dated 26/02/2026 in R/

FA/332/2024 ]

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LILIBEN AJMALBHAI THAKOR Versus

SHIRAJBHAI SUBHANBHAI BHATTI & ORS.

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Appearance:

KAASH K THAKKAR(7332) for the Appellant(s) No. 1 MR KK THAKKAR(2834) for the Appellant(s) No. 1

MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 3 RULE UNSERVED for the Defendant(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 02/04/2026

ORAL ORDER

Perused the note for speaking to minutes.

It appears that due to inadvertent mistake the interest rate is mentioned as 7.5% per annum instead of 9% per annum i.e. as awarded

by the learned Tribunal.

In paragraph no.9 of judgment dated 26.02.2026, the interest rate of “7.5% per annum” be substituted with interest rate of “9% per

annum”. Rest of the order shall remain as it is.

Present note for speaking to minutes is disposed of in aforesaid terms.

Registry is directed to issue fresh writ accordingly.

(HASMUKH D. SUTHAR,J)

ANKIT JANSARI

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NEUTRAL CITATION

Present Judgment is modified vide C/FA/332/2024 JUDGMENT DATED: 26/02/2026 Order dtd. 02/04/2026 in R/FA/332/2024 0.46036906028089175

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 332 of 2024

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Sd/-

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Approved for Reporting Yes No ✓

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LILIBEN AJMALBHAI THAKOR Versus SHIRAJBHAI SUBHANBHAI BHATTI & ORS.

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Appearance:

KAASH K THAKKAR(7332) for the Appellant(s) No. 1 MR KK THAKKAR(2834) for the Appellant(s) No. 1 MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2

RULE SERVED for the Defendant(s) No. 3 RULE UNSERVED for the Defendant(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/02/2026

JUDGMENT

1. The present appeal is filed by the original claimant under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “MVAct”) being aggrieved and dissatisfied by the judgment and award dated 14.12.2023 rendered by the Motor Accident Claims Tribunal

(Main), District Patan in MACP No.269 of 2019.

2. The facts rise to leading an appeal are as under:-

2.1 It is the case of the appellant that at the time of accident deceased Minor Soniben was 13 year’s old. It is also stated by the applicant that, on account of untimely death of the deceased, the applicant has lost her

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NEUTRAL CITATION

Present Judgment is modified vide C/FA/332/2024 JUDGMENT DATED: 26/02/2026 Order dtd. 02/04/2026 in R/FA/332/2024 0.46036906028089175

daughter at the tender age and they have also lost hope for life, and for that, they have suffered trauma, pain and affliction. Due to premature death of the deceased, the appellant has become destitute and her later life has become gloomy and painful. Thus, for all these causes, the appellant claimed compensation of Rs.5,00,000/- as per Second Schedule of Motor

Vehicles Act.

3. Heard learned advocate Mr.Kaash K. Thakkar for the appellant and

learned advocate Ms.Pathak for the Insurance Company.

4. Learned advocate Mr.Thakkar for the appellant has submitted that the learned Tribunal has committed an error in granting the meager compensation and has also ignored the statutory provisions and the second schedule of the MV