IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 499 of 2016 FOR APPROVAL AND SIGNATURE:

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

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

INDIRABEN BHARATKUMAR MOHANLAL BAROT Versus MUKESHKUMAR RAMANLAL PATEL & ANR.

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Appearance:

MR AJAY R MEHTA(453) for the Appellant(s) No. 1 MS KARUNA V RAHEVAR(3818) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 05/03/2026

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 30.05.2015 passed by the learned Motor Accident Claims Tribunal (Main), Sabarkantha at Himamtnagar, in M.A.C.P. No. 382 of 2001, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.5,76,445/- 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 27.11.2000 at about 6:00 p.m., the original claimant/appellant herein was travelling in a motorcycle bearing registration No.GJ-9-L-1552, as a pillion rider on Ahmedabad-Himmatnagar Highway. The said motorcycle was being driven by original opponent No.1/respondent No.1 herein, in a rash and negligent manner and at an excessive speed. When they reached near the place of the accident, the original opponent No.1, upon seeing another vehicle overtaking from the opposite side, lost control over his motorcycle and as a result, the motorcycle slipped, and both fell on the road, thereby causing the accident. As a result of the said vehicular accident, the original claimant/appellant herein sustained grievous injuries to her body and she was taken to Civil Hospital, Himmatnagar for treatment.

ii. It is the case of the original claimant/appellant herein before the learned Tribunal that at the time of the vehicular accident, she was aged about 38 years, and was earning Rs.7,000/- per month as salary, by working as a Junior Clerk in Sabarkantha District Panchayat. It is also the case of the original claimant/appellant herein before the learned Tribunal that she was treated as an indoor and outdoor patient for a considerable period of time, and had to engage persons to support her due to the permanent disabilities sustained in the vehicular accident. Therefore, the Original Claimant/appellant herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.10,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponent No.1/respondent No.1 herein – driver cum owner of the motorcycle and the original opponent No.2/ respondent No.2 herein - Insurer of the motorcycle filed their respective Written Statements at Exh.10 & Exh.17, 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 claimant sustained injuries 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 claimant is 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 partly allowed the Claim Petition and awarded a sum of Rs.5,76,445/- along with interest at the rate of 9% per annum, from the date of filing of the c