FA/1456/2014

Judgment text excerpt

NEUTRAL CITATION C/FA/1456/2014 JUDGMENT DATED: 17/06/2026 2026:GUJHC:37292 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1456 of 2014 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== RANJANBEN @ RAYLUBEN PRATAPBHAI DAVERA & ORS. Versus NAGAJANBHAI JADAVBHAI MODHVADIYA & ANR. ========================================================== Appearance: MR. JAINAM M SHAH(17596) for the Appellant(s) No. 1,2,3 MR KARTIK I SONI(2519) for the Defendant(s) No. 1 MR TANMAY B KARIA(6833) for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 17/06/2026 JUDGMENT 1. The captioned appeal has been preferred against the impugned judgment and award dated 31.01.2014 passed by the learned Motor Accident Claims Tribunal (Aux.) at Rajkot in M.A.C.P. No. 845 of 2001, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.4,47,750/- 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 06.06.2001 at about 04:00 a.m., Mr. Pareshbhai Pratapbhai Davera (hereinafter referred to as the “deceased”) had parked his truck bearing registration Page 1 of 10 Uploaded by () on Downloaded on : Tue Jun 30 22:26:03 IST 2026 NEUTRAL CITATION C/FA/1456/2014 JUDGMENT DATED: 17/06/2026 2026:GUJHC:37292 No.GJ-7T-7334 on the left side of the road for the purpose of filling fuel. He was the owner and driver of