IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4589 of 2018 With R/CROSS OBJECTION NO. 22 of 2020 In R/FIRST APPEAL NO. 4589 of 2018 FOR APPROVAL AND SIGNATURE:

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

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

AHMEDABAD MUNICIPAL TRANSPORT SERVICE Versus BABARBHAI JETHABHAI VANKAR ==========================================================

Appearance:

MR HS MUNSHAW(495) for the Appellant(s) No. 1 MR SANDIP C SHAH(792) for the Defendant(s) No. 1 ==========================================================

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

JUDGMENT

1. The captioned appeal and cross objections have been preferred against the impugned judgment and award dated 05.09.2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Ahmedabad, in M.A.C.P. No. 363 of 2006, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of 5,74,480/- along with interest at the rate of 8% per annum, from the date of filing of the claim petition till its realization, as compensation, and determined the negligence of the offending A.M.T.S. bus and original claimant himself in the ratio of 80:20.

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 08.05.2006 at around 04:45 pm., the original claimant/cross objector herein – Mr. Babarbhai Jethabhai Vankar was riding an Activa scooter bearing registration No.GJ-1-DL-8572, at a very moderate speed, by observing traffic rules, from University towards Wadaj. When he reached near the Roopali Cross Road, one A.M.T.S. bus bearing registration No.GJ-1-T-7776, being driven by its driver at very excessive speed and in a rash and negligent manner, dashed with the Activa scooter on which the original claimant was travelling, from behind, thereby causing the accident. As a result of the said vehicular accident, the original claimant sustained grievous bodily injuries. In connection with this incident, a compliant being I.Cr.No.285 of 2006 was registered before the Naranpura Police Station.

ii. It is the case of the original claimant before the learned Tribunal that at the time of the vehicular accident, he was aged about 38 years, and was working as a Professor in Arts college, earning the salary of Rs.26,230/- after deductions. Therefore, the Original Claimant preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.10,00,000/-.

iii.Having been served with the notice/summon of the Claim Petition, original opponent/appellant herein filed its Written Statement at Exh.22, thereby denying the averments made in the Claim Petition in toto, 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 accident had taken place due to rash and negligent driving of the driver of the offending vehicle involved in the accident ?

ii. Whether the applicant is entitled to get compensation ? If yes, what amount and from whom ?

iii. What award ?

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 5,74,480/- along with interest at the rate of 8% per annum, from the date of filing of the claim petition till its realization, as compensation, and determined the negligence between the offending A.M.T.S. bus and original claimant himself in the ratio of 80:20.

vi. Being aggrieved and dissatisfied with the impugned judgment and award, original opponent /appellant herein - Ahmedabad Municipal Transport Service has challenged the impugned judgment and award on the ground of negligence,