IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3689 of 2011 FOR APPROVAL AND SIGNATURE:

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

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

PREMSING @ PAPPU MANSING BHIL (DAMOR)

Versus KARANSING BALKISHAN & ORS.

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Appearance:

MR MTM HAKIM(1190) for the Appellant(s) No. 1 MR SUNIL B PARIKH(582) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 16/02/2026

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 13.07.2011 passed by the learned Motor Accident Claims Tribunal (Aux.) & 8^th (AD- HOC) Additional District Judge, Vadodara, in M.A.C.P. No. 633 of 2008, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.3,00,800/- 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 narrated in the Claim Petition are summarized as under:-

i. On 16.11.2007, the Original Claimant/appellant herein, who was working in a truck as cleaner, was crossing the road to have his meal. In the meantime, original opponent No.1/respondent No.1 herein, came by driving a dumper truck bearing registration No.MP-14-B-7121 from Shahjapur, in a rash and negligent manner and at an excessive speed, and dashed with the original claimant/appellant herein, thereby causing the accident. As a result of the said vehicular accident, the original claimant/appellant herein sustained grievous bodily injuries over his body, and his right leg was amputated below the knee. In connection with the said incident, a compliant was filed before the Devas Police Station, against the original opponent No.1/respondent No.1 herein – driver of the offending truck.

ii. It is the case of the original claimant/appellant herein before the learned Tribunal that he was aged about 35 years at the time of the accident, and was earning Rs.3,000/- per month as salary, and Rs.50/- as per day allowance, by working as a cleaner in a truck. Therefore, the Original Claimant/appellant herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.9,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponent Nos.1&2/respondent Nos.1&2 herein – driver & owner of the offending dumber truck, though appeared, had chosen not to file any Written Statement, while, the original opponent No.3/respondent No.3 herein - Insurer of the offending dumper truck, filed its Written Statement at Exh.13, thereby denying the averments made in the Claim Petition in toto, and in brief, 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, for determination:-

i. Whether it is proved that the applicant sustained injuries on account of rash and negligent driving on the part of the driver of the vehicle involved in the accident ?

ii. What amount, if any, the claimants are entitled to by way of compensation and from which of the opponents ?

iii. What order ?

v. Having considered the pleadings, evidence on record and the submissions advanced by the learned counsels for the respective parties, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.3,00,800/- 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, and held the original opponents/respondents herein, jointly and severally liable to pay the awarded amount of compensation to the original claimant/appellant herein.

v