Modification of Judgment dtd. 25/02/2026 in R/FA/3075/2022

0.7237369493892138 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3075 of 2022 [On note for speaking to minutes of order dated 25/02/2026 in R/FA/3075/2022 ]

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LAVKUMAR HARENDRAKUMAR THAKAR & ORS.

Versus BHARATKUMAR NANDKISHOR SHARMA & ORS.

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Appearance:

MR JIGAR G GADHAVI(5613) for the Appellant(s) No. 1,2,3,4,5 ADITYA R GUNDECHA(8869) for the Defendant(s) No. 2 MR TANMAY B KARIA(6833) for the Defendant(s) No. 3 RULE UNSERVED for the Defendant(s) No. 1 ============================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/03/2026

ORAL ORDER

Perused the note for speaking to minutes.

The learned Tribunal has considered 10% contributory negligence of the deceased, however, this Court has observed that the Tribunal has committed error in holding 10% contributory negligence of the deceased. Therefore, as the Insurance Company has deposited Rs.8,79,480/- the amount of Rs.9,77,200/- is required to be substituted with Rs.8,79,480/-.

In view of above, in first and third lines of paragraph no.15 of judgment dated 2