8IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2840 of 2022 FOR APPROVAL AND SIGNATURE:

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

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

HAKASHA RAJUSHA & ANR.

Versus DIRECTOR IDEAL MOTORS PVT LTD & ORS.

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Appearance:

MS AMRITA AJMERA(5204) for the Appellant(s) No. 1,2 MS E.SHAILAJA(2671) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ==========================================================

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

JUDGMENT

1. The captioned appeal is preferred against the impugned judgment and award dated 18.10.2019 passed by the learned Chariman, Motor Accident Claims Tribunal (Aux.), Limbdi in M.A.C.P. No. 7 of 2013, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.3,12,000/-(Rupees Three Lakhs Twelve Thousand Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization, as compensation.

2. The succinct facts, which lead to the filing of the captioned appeal are summarized as under :-

i. On 01.10.2012, at about 03.00 p.m., minor deceaesd-Hanifasha Hakasha was driving the motor-cycle bearing Registration No.GJ-13-HH-

6347 accompanied by minor deceased – Shabbirasa Satarasa as a pillion rider. Hanifasha Hakasha was riding the motorcycle on the correct side of the road at a moderate speed and in compliance with all traffic rules. When they reached the place of the accident, opponent No. 2 – respondent No. 2 herein – arrived there driving a tanker bearing Registration No. GJ-5- AT-1596 in a rash and negligent manner at an excessive speed without observing traffic regulations and in a manner so as to endanger human life. Consequently, he dashed with the motorcycle of Hanifasha Hakasha. As a result of the accident, Hanifasha Hakasha & pillion rider Shabbirasa Satarasa sustained grievous injuries to which they succumbed.

ii. The notices/summons of the Claim Petition was duly served upon the opponents. The opponent nos.1 & 2 have chosen not to appear before the learned Tribunal, however, the opponent no.3- Insurance Company filed Written Statement vide Exh.12, denying the contents of the claim petition and prayed for dismissal of the claim petition.

iii. Having considered the pleadings of the partie, the learned Tribunal framed the following issues at Exh.17, for determination.

i. Whether it is proved that the deceaed sustained injuries and died on account of the rashness or negligence in driving on the part of the driver of the vehicle involved in the accident?

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

iii.What order?

iv. Having considered the oral as well as documentary evidence on record, and having considered the submissions of the learned counsels for the parties, the learned Tribunal awarded a sum of Rs.3,12,000/-(Rupees Three Lakhs Twelve Thousand Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization, as compensation.

v. Being aggrieved and dissatisfied by the impugned judgment and award, the claimants -

appellants herein preferred the present appeal.

3. Heard learned counsels for the parties.

4. Ms.Amrita Ajmera, learned advocate appearing on behalf of the original claimants/appellants herein vehemently submitted at the time of accident, the deceased was aged about 14 years, however, the learned Tribunal has assessed the income of the deceased as Rs.2000/- per month. It is submitted that in absence of any proof of income, the learned Tribunal could have considered the minimum wages prevalent at the time of accident. It is submitted that the accident in question took place on 01.10.2012 and as on date, the minimum wages for a skilled worker was Rs.4