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NEUTRAL CITATION

C/FA/10/2015 JUDGMENT DATED: 24/03/2026

0.3230658464650856

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 10 of 2015

FOR APPROVAL AND SIGNATURE:

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

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

MAULIK JAYANTIBHAI PARMAR-MINOR Versus MOMINKHAN HANIFKHAN PATHAN & ORS.

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Appearance:

MS POOJA H HOTCHANDANI(7765) for the Appellant(s) No. 1 MR VC THOMAS(5476) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2

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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 24/03/2026

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 30.08.2014 passed by the learned Motor Accident Claims Tribunal (Aux.), at Anand, in M.A.C.P. No. 356 of 2009, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.14,800/- along with interest at the rate of 9% 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 explained by the learned counsel for the appellant and as narrated in

the Claim Petition are summarized as under:-

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NEUTRAL CITATION

C/FA/10/2015 JUDGMENT DATED: 24/03/2026

0.3230658464650856

i. On 02.07.2009 at about 09:30 am., the Original Claimant/

appellant herein – Mr. Maulik Jayantibhai Parmar, who was a minor at that time, was travelling from Rangaipura to Nadiad in a rickshaw bearing registration No.GJ-23U- 5045, as a passenger. The said rickshaw was being driven by original opponent No.1/respondent No.1 herein, in a rash and negligent manner and at an excessive speed. When they reached near Porda Patiya, one cyclist suddenly took a turn and in order to save the said cyclist, the driver of the rickshaw, i.e., original opponent No.1/respondent No.1 herein suddenly applied the brake of the rickshaw and resultantly, one Maruti car bearing registration No.GJ-8F-8887 dashed with the rear side of the rickshaw, thereby causing the vehicular accident. As a result of the said vehicular accident, the rickshaw turned turtle and resultanlty, the claimant/appellant herein

sustained grievous injuries to his body.

ii. It is also the case of the original claimant/appellant herein before the learned Tribunal that he has sustained permanent disabilities as a result of 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 a minor aged 5 years at the time of vehicular accident, and was a student of 1^st standard. Therefore, Claim Petition was preferred before the learned Tribunal seeking

compensation to the tune of Rs.1,00,000/-.

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NEUTRAL CITATION

C/FA/10/2015 JUDGMENT DATED: 24/03/2026

0.3230658464650856

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.14,800/- along with interest at the rate of 9% 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 challenged the impugned judgment and awa