IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 999 of 2009 FOR APPROVAL AND SIGNATURE:

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

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

BHALABHAI LUNJABHAI BHIL & ORS.

Versus GANGAPRASAD RAMKISHAN THANDAS & ORS.

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Appearance:

MR MA KHARADI(1032) for the Appellant(s) No. 1,2,3 MR SUNIL B PARIKH(582) for the Defendant(s) No. 3 RULE UNSERVED for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 18/03/2026

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 09.10.2006 passed by the learned Motor Accident Claims Tribunal (Main), Panchmahals at Godhra, in M.A.C.P. No. 849 of 1996, whereby the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.2,47,000/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition upto 31.12.2000 and thereafter at 7.5% until 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 10.02.1996, Ms. Maniben (hereinafter referred to as the “deceased”) was travelling in a camel cart along with other passengers to Khanpur village. When they reached near village Limbodara on Lunawada – Modasa Highway road, one truck bearing registration No.DIL- 1955, being driven by original opponent No.1/respondent No.1 herein in a rash and negligent manner and at an excessive speed, lost control over his vehicle and dashed with a tempo and the camel cart on which the deceased was travelling, thereby causing the vehicular accident. As a result of the said vehicular accident, the deceased sustained grievous injuries and she succumbed to the said injuries.

ii. It is the case of the original claimants/appellants herein before the learned Tribunal deceased was aged about 30 years at the time of the vehicular accident and she was earning Rs.5,000/- per month, by collecting and selling plastic and iron scrap and in addition to this, she was also a homemaker. Therefore, the Original Claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.5,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponent No.3/respondent No.3 herein – Insurer of the truck 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 of the parties and the material available on record, the learned Tribunal framed the following issues, for determination:-

i. Whether it is proved that the deceased sustained injuries and died on account of rashness or negligence in driving on the part of the driver of the vehicle involved in the accident ?

ii. What amount, if any, the claimant is/are entitled to by way of compensation and from which of the opponents ?

iii. What order ?

v. Having considered the pleadings, evidence on record and the submissions advanced by the learned counsels for the respective parties, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.2,47,000/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition upto 31.12.2000 and thereafter at 7.5% until its realization, as compensation.

vi. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimants/appellants herein has preferred the captioned appeal for enhancement of the compensation awarded by the learned Tribunal.

3. Heard learned counsels for the parties.

4. Learned counsel appearing on behalf of the original claimants/appellants herein vehemently submitted that at the time of the vehicula