IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3762 of 2012 With CIVIL APPLICATION (FOR PRODUCTION OF ADDITIONAL EVIDENCES)

NO. 1 of 2026 In R/FIRST APPEAL NO. 3762 of 2012 FOR APPROVAL AND SIGNATURE:

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

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

GIRIRAJSINH AJITSINH Versus LALJIBHAI ARJANBHAI RABARI & ORS.

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Appearance:

MS AMRITA AJMERA(5204) for the Appellant(s) No. 1 MR SUNIL B PARIKH(582) for the Defendant(s) No. 3 RULE NOT RECD BACK for the Defendant(s) No. 1,2 ==========================================================

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 08.08.2012 passed by the learned Motor Accident Claims Tribunal (Aux.) & 2^nd Additional District Court at Surendranagar, in MACP No.57 of 2007, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.7,15,300/- as a compensation along with interest at the rate of 9%

per annum from the date of filing of claim petition till its realization.

2. The succinct facts which led to file the captioned appeal are that on 23.08.2006, the claimant/appellant herein was travelling in truck bearing registration no.GJ-13-T-7298, as a cleaner. The said truck was being driven by original opponent No.2/respondent no.2 herein in rash and negligent manner and at an excessive speed, as a result of which, when they reached near Vittalgadh village, on Viramgam-Surendranagar road, the said truck dashed into one unknown stationary vehicle, which was lying parked on the side of the road, thereby causing the accident. In the said vehicular accident, the claimant/appellant herein sustained serious injuries. It has been also averred that at the time of accident, the claimant/appellant herein was aged about 20 years and he was earning a sum of Rs.2,000/- as a salary and Rs.25/- as a daily allowance, thereby earning a total sum of Rs.2,750/- per month. In the said accident, he sustained the serious fractures to his spinal cord and became paralyzed. It has been further averred that owing to the injury sustained in the vehicular accident, the claimant/appellant herein lost control over his body and had become bedridden, as such, he requires service of two attendants, water bed and computerized wheelchair. Therefore, the Claim Petition for seeking the compensation to the tune of Rs.20,00,000/- was filed before the learned Tribunal.

3. Having been served with the notice of the claim petition, the original opponent No.3/respondent no.3 herein - Insurance Company filed its Written Statement at Exh.18, thereby denying the factum of age, income and negligence and prayed for dismissal of the claim petition. The respondent nos.1 & 2 have also filed the Written Statement at Exh.22, thereby denying their liability to pay the compensation.

4. Having considered the pleadings of the parties, the learned Tribunal had framed the following issues at Exh.25:- 1) Whether it is proved that the deceased sustained injuries on account of rashness and negligence of the part of the driver of the vehicle involved in the accident?

2) What amount the claimants are entitled to by way of compensation and from which of the opponents?

3) What order?

5. In order to prove his claim, the claimant/appellant herein led the following oral and documentary evidence on record:-

6. Having considered the pleadings, oral and documentary evidence on record and the submissions advanced by the learned counsels for the parties, the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.7,15,300/- as a compensation, along with interest at the rate of 9% per annum from the date of filing the claim petition till its realization.

7. Being aggrieved and dissatisfied with the impugned ju