IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4375 of 2010 FOR APPROVAL AND SIGNATURE:

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

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

NATIONAL INSURANCE CO LTD Versus ANKIT KAUSHIKBHAI CHOKSHI & ORS.

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Appearance:

MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 MR HITESH S PADHYA(3877) for the Defendant(s) No. 4,5 MR SHUSHIL R SHUKLA(5603) for the Defendant(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 10/04/2026

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 28.04.2010 passed by the learned Motor Accident Claims Tribunal (Aux.) & Additional District & Sessions Judge, at Anand, in M.A.C.P. No. 3564 of 2006 (Old M.A.C.P. No. 331 of 1999), whereby the learned Tribunal had partly allowed the Claim Petition, and awarded a sum of Rs.11,21,900/-, along with interest at the rate of 7.5% per annum, from the date of filing of the Claim Petition till its realization, as compensation.

2. The succinct facts, which led to the filing of the captioned appeal, as explained by the learned Counsel for the parties and as narrated in the Claim Petition are summarized as under:-

i. On 15.01.1999, Mr. Kaushikbhai (hereinafter referred to as the “deceased”), was travelling towards Boriavi from Nadiad by driving his scooter bearing registration No.GJ- 7Q-5290. The said motorcycle was being driven by the deceased himself at very moderate speed and on the correct side of the road and Ms. Priyavandanaben was travelling on the said scooter as a pillion rider. When they reached near the place of the accident, original opponent No.1/respondent No.4 herein came by driving a jeep bearing registration No.GJ-7H-8575 from the wrong side in a rash and negligent manner and at an excessive speed, as a result, the jeep driven by original opponent No.1/respondent No.4 herein dashed with the scooter driven by the deceased, thereby causing the vehicular accident. The deceased sustained grievous injuries in the vehicular accident and he succumbed to the said injuries.

ii. It is the case of the original claimants before the learned Tribunal that at the time of the vehicular accident, the deceased working as a Sr. Clerk at Anand High School, thereby earning Rs.8,000/- per month. Therefore, the original claimants preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.20,00,000/-.

iii. Having been served with the notices/summons of the Claim Petitions, all the original opponents, filed their respective Written Statements, thereby denying the averments made in the Claim Petition, and prayed for dismissal of the Claim Petition.

iv. Having considered the evidence on record, the learned Tribunal partly allowed the Claim Petition, and awarded a sum of Rs.11,21,900/-, along with interest at the rate of 7.5% per annum, from the date of filing of the Claim Petition till its realization, as compensation.

v. Being aggrieved and dissatisfied with the impugned judgment and award, the original opponent No.3/appellant herein – Insurance Company has preferred the captioned appeal on the ground of negligence.

3. Heard learned counsels for the parties.

4. Learned advocate appearing on behalf of the original opponent No.3/appellant herein – National Insurance Company Limited vehemently submitted that the vehicular accident had occurred owing to the sole negligence of the rider of the motorcycle, i.e., the deceased himself. He contended that the learned Tribunal ought to have considered the FIR & panchnama of the accident and could have held that the deceased was also contributorily negligent in causing the vehicular accident. He further contended that the findings returned by the learned Tribunal on the issue of negligence is n