IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2168 of 2009 FOR APPROVAL AND SIGNATURE:

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

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

CHAUDHARY PRAKESHBHAI NATHABHAI Versus NEW INDIA INSURANCE COMPANY LIMITED & ORS.

==========================================================

Appearance:

MR MAYUR RAJGURU(1198) for the Appellant(s) No. 1 KRUPALI N BHATT(9455) for the Defendant(s) No. 2 MR RITURAJ M MEENA(3224) for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 3,4 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 11/03/2026

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 18.11.2008 passed by the learned Motor Accident Claims Tribunal (Aux-II), at Mahesana, in M.A.C.P. No. 211 of 2005, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.59,040/- 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, however, the learned Tribunal had deducted 70% of the awarded amount on account of the self negligence of the claimant/appellant himself.

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 26.07.2004 at about 5:30 a.m., the original claimant/appellant herein was driving a truck bearing registration No.GJ-3U-5102 from Visnagar to Baroda. When he reached near the place of the accident, one truck bearing registration No.MH-12-AR-7745 came from the opposite side, at an excessive speed and in a rash and negligent manner, and dashed with the truck driven by the original claimant/appellant herein, thereby causing the accident. As a result of the said vehicular accident, the original claimant/appellant herein sustained grievous injuries to his body.

ii. It is the case of the original claimant/appellant herein before the learned Tribunal that at the time of the vehicular accident, he was aged about 27 years, and was earning Rs.2,500/- per month, by working as a driver. It is also the case of the original claimant/appellant herein before the learned Tribunal that he was treated as an indoor and outdoor patient for a considerable period of time, due to the injuries sustained in the vehicular accident. Therefore, the Original Claimant/appellant herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.2,50,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponent No.2/respondent No.1 herein – Insurer of the offending truck and the original opponent No.4/respondent No.2 herein - Insurer of the truck driven by the claimant/appellant herein, filed their respective Written Statements, thereby denying the averments made in the Claim Petition, 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 deceased sustained injuries and died on account of the rashness or negligent driving on the part of the driver/s of the vehicle/s involved in the accident?

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

iii. What order and decree?

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.59,040/- 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, however, the learned Tribunal had deducted 70% of the awarded amount on acc