IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2023 of 2016 With R/CROSS OBJECTION NO. 13 of 2017 In R/FIRST APPEAL NO. 2023 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE NISHA M. THAKORE ==========================================================

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

NEW INDIA ASSURANCE CO. LTD.

Versus SAROJBEN ANILBHAI NANDHA & ORS.

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Appearance:

MR SUNIL B PARIKH(582) for the Appellant(s) No. 1 ADVOCATE NOTICE SERVED for the Defendant(s) No. 1,2,3 RULE SERVED for the Defendant(s) No. 4,5 ==========================================================

CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 01/05/2026

ORAL JUDGMENT

1. The present appeal is filed at the instance of the Insurance Company under Section 173 of the Motor Vehicle Act, 1988, being aggrieved and dissatisfied with the judgment and award dated 20.06.2016, passed by the learned Motor Accident Claims Tribunal, (Special), Rajkot in MACP No. 626 of 2005. By the said judgment and award the Tribunal has partly allowed the claim petition preferred by the original claimants under Sec