IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1681 of 2015 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE NISHA M. THAKORE ============================================

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

RAJESHBHAI GORDHANBHAI BARAIYA Versus FIROZKHAN USMANBHAI PATHAN & ORS.

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Appearance:

MR SHUSHIL R SHUKLA(5603) for the Appellant(s) No. 1 MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 =============================================

CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 10/04/2026 ORAL JUDGMENT

1. Heard Ms. Sini Shukla, learned advocate with Mr. Shushil Shukla, learned advocate for the appellant. Ms. Mausami Nanavati, learned advocate has appeared on behalf of Mr. Vibhuti Nanavati, learned advocate for the respondent no.3- Insurance Company. Despite the service of notice of rule upon the respondent nos. 1 and 2 who are driver and owner of the offending vehicle, they have chosen not to enter appearance or contest the present appeal. With the able assistance of the learned advocates on record, the appeal is finally heard. Consid