IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1608 of 2015 With R/CROSS OBJECTION NO. 8 of 2016 In R/FIRST APPEAL NO. 1608 of 2015 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE NISHA M. THAKORE --Sd/- ======================================

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

NEW INDIA ASSURANCE CO LTD Versus LEELABEN MAHESHBHAI PRAJAPATI & ORS.

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Appearance:

MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1 MR MTM HAKIM(1190) for the Defendant(s) No. 1,2,3,4 RULE SERVED for the Defendant(s) No. 5,6 RULE UNSERVED for the Defendant(s) No. 7 ======================================

CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 24/03/2026 COMMON ORAL JUDGMENT

1. The present appeal is filed at the instance of the insurance company being aggrieved and dissatisfied with the judgment and award dated 22^nd December 2014 passed by the Motor Accident Claims Tribunal (Aux.) in Motor Accident Claim Petition no.1011 of 2010. By this said judgment and award, the Tribunal has partly allowed the claim petition preferred by the original claimants under Section 166 of the Motor Vehicles Act, 1988 holding the