IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 699 of 2018 FOR APPROVAL AND SIGNATURE:

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

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

DHARMENDRABHAI KISHANBHAI VAGHELA Versus SAIYED BASHA B. & ANR.

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Appearance:

MS AMRITA AJMERA(5204) for the Appellant(s) No. 1 MR TANMAY B KARIA(6833) for the Defendant(s) No. 2 RULE UNSERVED for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 16/03/2026

JUDGMENT

1. The captioned appeal is preferred against the impugned judgment and award dated 30.11.2017 passed by the learned Motor Accident Claims Tribunal (Main), Surendranagar in M.A.C.P. No. 174 of 2008, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.4,74,200/-(Rupees Four Lakhs Seventy Four Thousand Two Hundred Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization, as compensation.

2. The succinct facts, which lead to the filing of the captioned appeal are summarized as under :-

i. On 12.12.2007, at about 02:00 a.m., Dharmendrabhai Kishanbhai Vaghela was driving his truck bearing Registration No. GJ-13- U-9218 at a moderate speed and in compliance with traffic rules. When he reached near Renuka Petrol Pump on National Highway No. 13 at Bijapur, District: Karnataka, the opponent No.1, driver of the truck bearing Registration No. AP- 02-W-2844 came from the opposite direction while driving his vehicle in a rash and negligent manner. While attempting to overtake another truck, he lost control over his vehicle and dashed against the truck driven by Dharmendrabhai Kishanbhai Vaghela. As a result of the said vehicular accident, Dharmendrabhai Kishanbhai Vaghela sustained grievous injuries.

ii. The notices/summons of the Claim Petition were duly served upon the opponents. The opponent no.1 chosen not to appear before the learned Tribunal, however, the Opponent No.2-

Insurance Company appeared before the learned Tribunal and filed Written-Statement at Exh.13, thereby, denying the averments made in the claim petition in toto.

iii. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.18, for determination.

i. Whether petitioner proves that he sustained injuries in a vehicular accident due to rash and/or negligent driving of the driver of the vehicles involved in the accident?

ii. Whether the petitioner is entitled to compensation? If yes, what amount and from whom?

iii.What order and award?

iv. Having considered the oral as well as documentary evidence on record, and having considered the submissions of the learned counsels for the parties, the learned Tribunal awarded a sum of Rs.4,74,200/-(Rupees Four Lakhs Seventy Four Thousand Two Hundred Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization, as compensation..

v. Being aggrieved and dissatisfied by the impugned judgment and award, the claimants - appellants herein preferred the present appeal on the ground of quantum.

3. Heard learned counsels for the parties.

4. Ms.Amrita Ajmera, learned advocate appearing on behalf of the original claimant/appellant herein vehemently submitted that at the time of the accident, the claimant/appellant was aged about 21 years and he was gainfully engaged as a driver of the truck bearing Registration No.GJ-13-U-9218 and he was earning Rs.3500/- per month + Rs.200/- daily allowance. However, the learned Tribunal has considered the monthly income of the claimant/appellant herein as Rs.3000/- per month, which is at very lower side. It is submitted that though at the time of accident, the claimant/appellant herein was aged about 21 years, however, the learned Tribunal had app