FA/4167/2024

NEUTRAL CITATION C/FA/4167/2024 JUDGMENT DATED: 28/11/2025 2025:GUJHC:75085 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4167 of 2024 FOR APPROVAL AND SIGNATURE: HONOURABLE MS. JUSTICE NISHA M. THAKORE ============================================ Approved for Reporting Yes No Yes ============================================= THE NEW INDIA ASSURANCE CO. LTD. Versus DISHABEN HITESHVAN GOSAI, LH OF DECD. SHARMILABEN HITESHVAN GOSAI & ANR. ============================================= Appearance: MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1 MR. HEMAL SHAH(6960) for the Defendant(s) No. 1 NOTICE SERVED for the Defendant(s) No. 2 ============================================= CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 28/11/2025 ORAL JUDGMENT 1. The present appeal is filed at the instance of the insurance company being aggrieved and dissatisfied with the judgment and award dated 16th February, 2024 passed by the Motor Accident Claims Tribunal (Special) & 6th Addl. District Judge, Rajkot in Motor Accident Claim Petition no.1021 of 2018 (hereinafter referred as “impugned judgment and award”). By the aforesaid impugned judgment and award, the Tribunal has part