FA/1396/2025

Judgment text excerpt

NEUTRAL CITATION C/FA/1396/2025 JUDGMENT DATED: 18/06/2026 2026:GUJHC:37293 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1396 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== NASIRBHAI SIKANDARBHAI KURESHI SIPAI Versus ASHWINBHAI WAGHJIBHAI DANGAR & ORS. ========================================================== Appearance: MR. HEMAL SHAH(6960) for the Appellant(s) No. 1 DS AFF.NOT FILED (N) for the Defendant(s) No. 1 MASUMI V NANAVATY(9321) for the Defendant(s) No. 3 MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3 NOTICE SERVED for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 18/06/2026 JUDGMENT 1. The captioned appeal has been preferred against the impugned judgment and award dated 28.05.2024 passed by the learned Motor Accident Claims Tribunal (Special) & 10 th Additional District Judge at Rajkot in M.A.C.P. No. 1195 of 2015, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.2,64,200/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation, however, the learned Tribunal had exonerated the respondent No.3 – Insurance Company from its liability to satisfy the award. Page 1 of 7 Uploaded by ARUN B(HC02368) on Sat Jun 20 2026 Downloaded on : Tue Jun 30 20:57:33 IST 2026 NEUTRAL CITATION C/FA/1396/2025 JUDGMENT DATED: 18/06/2026 2026:GUJHC:37293 2. The succinct facts, which led to the filing of the captioned appeal, as narrated in the Claim Petition are summarized as under:- i.