Modification of Judgment dtd. 30/01/2026 in R/FA/3309/2023

0.305816336535077 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3309 of 2023 [On note for speaking to minutes of order dated 30/01/2026 in R/

FA/3309/2023 ]

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RAMESHBHAI NANABHAI VAGADIYA Versus BALVINDERSINH @ MANSINH HARIJAN & ORS.

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Appearance:

MR VA MANSURI(2880) for the Appellant(s) No. 1 MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3 MR TANMAY B KARIA(6833) for the Defendant(s) No. 5 RULE UNSERVED for the Defendant(s) No. 1,2,4 ==============================================

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

ORAL ORDER

Perused the note for speaking to minutes.

In line no.6 of paragraph no.19 of judgment dated 30.01.2026, words “opponent No.1 to 3” be substituted with words “opponent Nos.1 to 3 and 5”. 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/3309/2023

0.305816336535077 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3309 of 2023 FOR APPROVAL AND SIGNATURE:

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

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

RAMESHBHAI NANABHAI VAGADIYA Versus BALVINDERSINH @ MANSINH HARIJAN & ORS.

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Appearance:

MR VA MANSURI(2880) for the Appellant(s) No. 1 MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3 MR TANMAY B KARIA(6833) for the Defendant(s) No. 5 RULE UNSERVED for the Defendant(s) No. 1,2,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 30/01/2026

ORAL JUDGMENT

1. This appeal has been preferred by the appellant–claimant against the judgment and award dated 15.04.2022 passed by the Motor Accident Claims Tribunal (Main), Mahisagar at Lunawada in Motor Accident Claim Petition No.2818 of 2017.

2. Heard learned advocates for the respective parties.

3. The brief facts of the case are that on 13.11.2008, the claimant was travelling in S.T. Bus No. GJ-18-V-1028, driven by opponent No.4 at a moderate speed and with due care and caution on the correct side of the road. At about 08:00 hours, while the bus was passing near the outskirts of village Valan on National Highway-8, opponent No.1 drove Truck No. PB-10-BV- 4521 in a rash and negligent manner and at an excessive speed and violently dashed against the bus. As a result thereof, the R/FA/3309/2023

0.305816336535077 claimant sustained serious injuries on various parts of the body resulting in permanent disability and, therefore, filed the present claim petition seeking compensation of Rs.8,00,000/- against the opponents.

4. The learned advocate for the appellant submitted that the impugned judgment and award are contrary to the settled principles of law and the evidence on record and suffer from material irregularity resulting in miscarriage of justice. It was contended that the learned Tribunal erred in awarding only Rs.2,13,000/- against the claim of Rs.8,00,000/- and in assessing the income of the deceased at Rs.3,000/- per month, despite evidence showing that he was working as a supervisor with Sona Builders earning Rs.5,000/- per month. It was further urged that the learned Tribunal failed to award compensation towards future loss of income, future prospects and actual loss of income during the period of treatment. The learned advocate also submitted that inadequate amounts were awarded towards loss of marriage prospects, pain, shock and suffering, medical expenses, attendant charges, transportation and special diet, and that no interest was granted for the period between 19.07.2021 and 24.12.2021 and only 7.5% interest was awarded thereafter. It was therefore urged that the impug