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NEUTRAL CITATION

C/SCA/8834/2013 JUDGMENT DATED: 06/04/2026

0.7603968954417648

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 8834 of 2013

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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Approved for Reporting Yes No No

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MANISHABEN POPATBHAI VAGHASIYA & ORS.

Versus RAJENDRASINH PRAVINSINH GOHIL & ORS.

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Appearance:

MR TULSHI R SAVANI(3070) for the Petitioner(s) No. 1,2,3,4 MR GC MAZMUDAR(1193) for the Respondent(s) No. 3 MR HG MAZMUDAR(1194) for the Respondent(s) No. 3

MR RATHIN P RAVAL(5013) for the Respondent(s) No. 5 RULE SERVED for the Respondent(s) No. 1,2,4,5,6

========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 06/04/2026

ORAL JUDGMENT

1. Present petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India, under the provisions of Code of Civil Procedure, 1908 r/w the provision under the Motor Vehicles Act, 1988 challenging the impugned order dated 06.03.2013 passed by the learned Principal District Judge, Surat below Application at Exhibit 36 in Motor Accident Claim Petition No.539 of

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NEUTRAL CITATION

C/SCA/8834/2013 JUDGMENT DATED: 06/04/2026

0.7603968954417648

2010 with below mentioned relief/s:-

“12. (A) Be pleased to admit and allow the present petition;

(B) Be pleased to quash and set aside the impugned order dated 06/03/2013 passed upon application at Exhibit 36 in Motor Accident Claim Petition No. 539 of 2010 by the learned Principal District Judge, Surat at Annexure-A by passing appropriate order or by issuing appropriate writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or

direction.

(C) Pending admission, hearing and final disposal of present petition, be pleased to stay the implementation and execution of the impugned order dated 06/03/2013 passed upon application at Exhibit 36 in Motor Accident Claim Petition No. 539 of 2010 by the learned Principal

District Judge, Surat.

(D) Be pleased to grant such other and further relief/s which deems fit and proper in the interest of justice.”

2. The facts giving rise to present petition are that the father of the petitioners, along with their mother Savitaben, grandmother Champaben, and cousin Hiteshbhai, were traveling to Surat from their native village Shobhavad on 14/07/2010 in a motor car bearing registration No. GJ-5 CK-5334. When they reached Bhogavo Bridge on the Vataman-Dholera Highway near Village Bholad, a tanker bearing registration No. GJ-4 T 7295 came from the opposite direction and collided with the Maruti car driven by their father, Popatbhai. Due to this unfortunate incident, all four occupants of the car

died on the spot.

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NEUTRAL CITATION

C/SCA/8834/2013 JUDGMENT DATED: 06/04/2026

0.7603968954417648

2.1 In respect of the said incident, an FIR being I-C.R. No. 58 of 2010 was lodged with Koth Police Station, Taluka Dholka, District Ahmedabad, and the petitioners have thus lost their parents in the said accident. Thereafter, the petitioners filed Motor Accident Claim Petition No. 539 of 2010 under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs. 55,00,000/- from the

respondents.

2.2 The petitioners also filed an application under Section 140 of the Act for compensation of Rs. 50,000/- under the principle of no-fault liability, which is still pending and no order has been passed thereon. The respondent No. 4, the owner of the Maruti car, filed a written statement contending that the accident occurred due to the rash and negligent driving of respondent No. 1, th