IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1287 of 2018 FOR APPROVAL AND SIGNATURE:

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

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

CHAMPABEN NARHARIBHAI BARIA & ORS.

Versus RAJENDRABHAI KACHARABHAI PANCHAL & ORS.

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Appearance:

MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5,6 MR MB GOHIL(2702) for the Defendant(s) No. 2 MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3 UNSERVED EXPIRED (R) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 09/03/2026

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 07.12.2017 passed by the learned Motor Accident Claims Tribunal (Aux.), at Vadodara, in M.A.C.P. No. 644 of 2000, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.4,73,200/- 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. The succinct facts, which led to the filing of the captioned appeal, as narrated in the Claim Petition are summarized as under:-

i. On 19.02.2000, Mr. Narharibhai (hereinafter referred to as the “deceased”) was travelling in a motorcycle bearing registration No.GJ-6-QQ-7673 towards Madheli village, as a pillion rider. When he reached near the place of accident, in the meantime, original opponent No.1/respondent No.1 herein, came by driving a Jeep bearing registration No.GJ-1-9428, at very excessive speed and in a rash and negligent manner, and dashed with the motorcycle on which the deceased was travelling, thereby causing the accident. As a result of the said vehicular accident, the deceased sustained grievous bodily injuries and he succumbed to the injuries during treatment.

ii. It is the case of the original claimants/appellants herein before the learned Tribunal that at the time of the accident, the deceased was aged about 34 years and he was earning Rs.300/- per day, by selling milk. Therefore, the Original Claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.20,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponent Nos.1&2/respondent Nos.1&2 herein, and the original opponent No.3/respondent No.3 herein - Insurer of the offending Jeep filed their respective Written Statements at Exh.28 & Exh.32, 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 on account of rashness or negligence in 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 had partly allowed the Claim Petition and awarded a sum of Rs.4,73,200/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

vi. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimants/appellants herein have challenged the impugned judgment and award on the ground of meagreness of compensation awarded by the learned Tribunal.

3. Heard learned counsels for the parties.

4. Learned advocate appearing on behalf of the original claimants/appellants herein vehemently submitted that at the time of vehicular