IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 726 of 2026 FOR APPROVAL AND SIGNATURE:

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

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

JAYESHBHAI HARENDRABHAI PANDYA & ANR.

Versus EDWARD RODRIGUES LIONEL & ORS.

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Appearance:

NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2 MASUMI V NANAVATY(9321) for the Defendant(s) No. 3 MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 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 04.12.2024 passed by the learned Motor Accident Claims Tribunal (Main) at Anand, in M.A.C.P. No. 18 of 2021, whereby the learned Tribunal had partly allowed the Claim Petition, and awarded a sum of Rs.14,81,800/-, along with interest at the rate of 9% per annum, from the date of filing of the Claim Petition till its realization, as compensation.

2. Issue Rule, returnable forthwith. Learned advocate, Mr. Vibhuti Nanavati accepts notice on behalf of respondent No.3 – Insurance Company and waives service of notice on behalf of respondent No.3 –

Insurance Company.

3. At the joint request of the learned counsels for the parties, the captioned appeal is taken up for final disposal at the stage of admission.

4. 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 29.01.2021, Mr. Manav Jayeshbhai Pandya (hereinafter referred to as the “deceased”), was travelling towards Anand from Vadodara by driving a Suzuki Access Motorcycle bearing registration No.GJ-23- DH-0765, to attend the marriage anniversary of his parents. The said motorcycle was being driven by the deceased himself at very moderate speed and on the correct side of the road. When he reached near the place of the accident, original opponent No.1/respondent No.1 herein came by driving a car bearing registration No.GJ- 06-JQ-7930 in a rash and negligent manner and at an excessive speed without observing traffic rules, as a result, the car driven by original opponent No.1/respondent No.1 herein dashed with the motorcycle 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/appellants herein before the learned Tribunal that at the time of the vehicular accident, the deceased was aged about 20 years and he was pursuing Diploma in Hotel and Restaurant Management at Jindal School of Hotel Management, recognized by Cesar Ritz College, Switzerland and contended that if he was alive, his monthly salary would be between 50,000/- to 70,000/- per month. Therefore, the original claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.50,00,000/-.

iii. Having been served with the notices/summons of the Claim Petitions, all the original opponents/respondents herein, 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 pleadings of the parties and the material available on record, the learned Tribunal framed the following issues:-

1. Whether the applicant/s prove/s the deceased died due to accident arising out of the use of motor vehicles involved in the accident ?

2. Whether the applicant/s is/are entitled to any compensation ? If yes, what amount and from whom ?

3. What Award and Order ?

v. Having considered the evidence on record, the learned Tribunal had partly allowed the Claim Petition, and awarded a sum of Rs.14,81,800/-, along wit