IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2272 of 2022 With R/FIRST APPEAL NO. 2449 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

Approved for Reporting Yes No √

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THE NEW INDIA ASSURANCE COMPANY LTD Versus SEJALBEN RAJESHBHAI TIMBADIYA & ORS.

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Appearance in FA No.2272/2022 MR KRUTIK A PARIKH(7268) for the Appellant(s) No. 1 MR ANAND R PATEL(7352) for the Defendant(s) No. 6 MR HEMAL SHAH(6960) for the Defendant(s) No. 1,2,3,4,5 Appearance in FA No.2449/2022 MR HEMAL SHAH(6960) for the Appellant(s) No. 1 -3, 4 MR KRUTIK A PARIKH(7268) for the Defendant(s) No. 2 MR ANAND R PATEL(7352) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 06/03/2026

COMMON JUDGMENT

[1.0] Since both these appeals are filed assailing the impugned judgment and award arising from a common accident, they are being heard, decided and disposed of by this common judgment and for the sake of convenience and brevity, facts from First Appeal No.2272 of 2022 are taken.

[2.0] By way of First Appeal No.2272/2022 under Section 173 of the Motor Vehicles Act, 1988 (for short “MV Act”), the original opponent No.2 – insurance company and the original claimants by way of First Appeal No.2449/2022 have assailed the impugned judgment and award dated 28.01.2022 passed by the learned Motor Accident Claims Tribunal (Auxi.), Rajkot (for short “learned Tribunal”) in Motor Accident Claim Petition No.644/2019, whereby the learned Tribunal held the driver of Truck to be negligent to the extent of 60% and deceased motorcyclist to the extent of 40% for the accident and directed the original opponent No.2 – insurance company to pay compensation of Rs.31,66,032/- to the original claimants after deducting 40% (Rs.21,10,688/-) from total compensation of Rs.52,76,720/- towards contributory negligence of the deceased motorcyclist with interest at the rate of 9% per annum from the date of claim petition.

[3.0] The brief facts leading to filing of present appeals are as follows:

[3.1] On 18.04.2019, deceased Rajeshbhai Hemrabhai Timbadiya (hereinafter referred to as “deceased motorcyclist”) was riding his Motorcycle with slow speed on the correct side of the road and when he reached at the place of accident, the driver of Truck No.GJ-10-TT-5084 came driving his Truck in rash and negligent manner with excessive speed and dashed his truck with motorcycle of the deceased as a result of which the accident occurred and deceased motorcyclist having sustained serious injuries died on the spot. Therefore, the original claimants – legal heirs and representatives of the deceased filed the claim petition seeking compensation of Rs.75 lakh.

[3.2] After considering the evidence produced on record by the respective parties, learned Tribunal has been pleased to hold the driver of Truck negligent to the extent of 60% and deceased motorcyclist 40% contributory negligent for the accident and awarded compensation of Rs.31,66,032/- to the original claimants after deducting 40% (Rs.21,10,688/-) from total compensation of Rs.52,76,720/- towards contributory negligence of the deceased motorcyclist with interest at the rate of 9% per annum from the date of claim petition. Hence, First Appeal No.2272/2022 is filed by the insurance company on the ground of negligence and liability and First Appeal No.2449/2022 is filed by the original claimants challenging 40% negligence held on the part of the deceased motorcyclist as well as for enhancement of compensation.

[4.0] Learned advocate Mr. Krutik Parikh appearing for the insurance company has disputed the liability of insurance company on the ground that on date of accident there was no permit to ply the offending vehicle and there was statutory breach of the policy and h