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 25.02.2026, amount “Rs.9,77,200/-” be substituted with amount “Rs.8,79,480/-”.

In paragraph nos.15 and 16, amount “Rs.63,100/-” be substituted with amount “Rs.1,60,820/-”. Rest of the order shall remain as it is.

Present note for speaking to minutes is disposed of in aforesaid terms.

Registry is directed to issue fresh writ accordingly.

(HASMUKH D. SUTHAR,J)

ANKIT JANSARI R/FA/3075/2022

0.7237369493892138 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3075 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

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

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 : 25/02/2026 ORAL JUDGMENT

1. Feeling aggrieved by and dissatisfied with the judgment and award dated 14.10.2019 passed by learned Motor Accident Claims Tribunal (Main), Mahesana, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.175/2014, the appellants –original claimants preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

2. Heard Mr. Jigar Gadhavi, learned Advocate for the appellants – original Claimants, Mr. Aditya Gundcha, learned counsel for respondent No.2 and Mr. Tanmay B. Karia, learned counsel for respondent No.3.

3. It is the case of the claimants that on 14.03.2014, deceased Nirmalkumar Lavkumar Thakar was going on Motorcycle bearing No.GJ-02- BK-7001 on correct side of the road and when he reached near Hotel R/FA/3075/2022

0.7237369493892138 Prestige, Bileshwarpura, at that time, one Mini Truck bearing No.GJ-01-BY- 5418 came from opposite direction in rash and negligent manner and dashed with the motorcycle of the deceased. As a result, the deceased got serious injuries and succumbed to it. Therefore, the claim petition was filed by the legal heirs of the deceased to get compensation of Rs.20,00,000/- from the opponents. After appreciating the evidence produced on record, the learned Tribunal awarded compensation of Rs.8,79,480/- along with cost and interest @ 9 % p.a.

4. The appeal is filed on limited ground of quantum and negligence. Therefore, learned counsel for the claimant has mainly argued that, the Tribunal has erred in holding 10 % contributory negligence on the part of the deceased in causin