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NEUTRAL CITATION

C/FA/3012/2009 JUDGMENT DATED: 25/03/2026

0.11648834314936829

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3012 of 2009 FOR APPROVAL AND SIGNATURE:

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

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

RAMESHCHANDRA BALVANTSINH DAMOR Versus KISHORESINH POSHASINH JAT & ORS.

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Appearance:

MR.HIREN M MODI(3732) for the Appellant(s) No. 1 MR SUNIL B PARIKH(582) for the Defendant(s) No. 3 RULE UNSERVED for the Defendant(s) No. 1,2

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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 25/03/2026

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 18.04.2009 passed by the learned Motor Accident Claims Tribunal (Aux.), at Vadodara, in M.A.C.P. No. 564 of 2005, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.3,03,360/- along with interest at the rate of 7.5% 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 05.10.2004 at about 10:30 am., the Original Claimant/

appellant herein – Mr. Rameshchandra Damor, was

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NEUTRAL CITATION

C/FA/3012/2009 JUDGMENT DATED: 25/03/2026

0.11648834314936829

travelling to his home at Padra from Por on his motorcycle. When he reached near the place of the accident, he saw one Truck bearing registration No.RJ-07- G-7680, being driven by original opponent No.1/respondent No.1 herein at very rash and negligent manner and at an excessive speed. Even though the original claimant/appellant herein applied his brake and stopped his motorcycle, the said truck which was being driven without observing any traffic rules, came at full speed and dashed with the motorcycle on which the original claimant/appellant herein was travelling, thereby causing the vehicular accident. As a result of the said vehicular accident, the original claimant/appellant herein fell down from his motorcycle and the rear wheel of the said offending truck ran over the left ankle of the original claimant/appellant herein. Thus, the claimant/appellant

herein sustained grievous injuries to his body.

ii. It is also the case of the original claimant/appellant herein that he had sustained grievous injuries in the vehicular accident and had undergone medical treatment for a considerable period of time. It is also the case of the original claimant/appellant herein that he was aged 36 years at the time of vehicular accident, and was earning Rs.5,647/- per month, by working as a police constable. Therefore, Claim Petition was preferred before the learned Tribunal seeking compensation to the tune of

Rs.9,00,000/-.

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NEUTRAL CITATION

C/FA/3012/2009 JUDGMENT DATED: 25/03/2026

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iii.Having been served with the notices/summons of the Claim Petition, respondent No.3 – Insurance Company, filed its Written Statement, thereby denying the averments made in the Claim Petition, and in brief,

prayed for dismissal of the Claim Petition.

iv. Having considered the pleadings, evidence on record and the submissions advanced by the learned counsels for the respective parties, the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.3,03,360/- along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till its realization, as

compensation.

v. Being aggrieved and dissatisfied with the impugned judgment and award, original claimant/appellant herein has c