IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3986 of 2014 FOR APPROVAL AND SIGNATURE:

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

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

NAFISABEN WD/O SHABBIRBHAI TAIYEBJI GORIYAWALA & ORS.

Versus KISHORE JAGDISHBHAI PATEL & ORS.

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Appearance:

MR MTM HAKIM(1190) for the Appellant(s) No. 1,2,3,4 MS DHARA M SHAH(5546) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ==========================================================

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

JUDGMENT

1. Captioned appeal is filed against the impugned judgment and award dated 12.08.2014 passed by the Motor Accident Claims Tribunal (Main), Surat in Motor Accident Claim Petition No.1110 of 1998, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.4,17,000/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.

2. The succinct facts leading to file the captioned appeal are that on 29.04.1998, the Shabbirbhai Taiyebji Goriyawala was going on his Motorcycle bearing registration No.GJ-5-PD-5918 from Udhna Darwaja to Majura Gate, on the left side of the road. He was riding his Motorcycle at a moderate speed, slowly, carefully, observing traffic rules, and when he reached at the place of accident, in the meantime, opponent No.1- the driver of Tata 407 Tempo bearing registration No.GJ-5-V-2707 came by driving his said vehicle from Station towards Majura Gate in full speed, in a rash and negligent manner, in breach of traffic rules, so as to endanger the human life, and dashed with the Motorcycle on which the deceased was going, hence caused the accident. In the said accident, the applicant sustained serious injuries on his head and sustained extradural hemorrhage in Rt. Temporal region. He was immediately shifted to the hospital at Surat for treatment where he succumbed to the injuries during the course of treatment.

2.1 The notices/summons of the Claim Petition were duly served upon the opponents. The opponent No.3-Insurance Company appeared and filed Written Statement vide Exhibit-64, denying the contents of the claim petition and prayed for dismissal of the claim petition.

2.2 Having considered the pleadings of the parties, the learned Tribunal framed the following issues, for determination.

“1. Whether the applicants prove that the deceased sustained serious injuries due to rash and negligent driving of the driver of vehicle involved in the accident, as alleged?

2. Whether the applicants are entitled to get compensation? If yes, what amount and from whom?

3. What order and award?”

2.3 Having considered the pleadings, oral as well as documentary evidence on record and the submissions canvassed by the learned advocates for the parties, the learned Tribunal had awarded a sum of Rs.4,17,000/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till realization.

2.4. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant-herein preferred the captioned appeal on the ground of quantum as well as the liability of respondent No.3 to satisfy the impugned judgment and award.

3. Heard learned advocates for the parties.

4. Mr. M T M Hakim, learned advocate appearing on behalf of the original claimants/appellants-herein, vehemently submitted that at the time of accident, the claimant was aged about 47 years old. He further submitted that the income was proved by way of placing the ITRs on record at Exh-91, 94 and 98. He further submitted that the learned Tribunal has determined the annual income of the deceased as Rs.45,000/-. However, the learned Tribunal has not considered the future prospects of the deceased. He further submitted th