FA/2748/2013

Judgment text excerpt

NEUTRAL CITATION C/FA/2748/2013 JUDGMENT DATED: 17/06/2026 2026:GUJHC:38128 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2748 of 2013 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== HARESH DAYASHANKAR JOSHI Versus ARVINDKUMAR KHIMJIBHAI RAJGOR & ANR. ========================================================== Appearance: MR MEHUL S SHAH(772) for the Appellant(s) No. 1 MR HS MUNSHAW(495) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 17/06/2026 JUDGMENT 1. The captioned appeal is preferred against the impugned judgment and award dated 27.09.2012 passed by the learned Motor Accident Claims Tribunal (3 rd) Aux, Kachchh at Bhuj in M.A.C.P. No. 824 of 1996, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.25,500/-(Rupees Twenty Five Thousand Five Hundred Only) along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till realization. Page 1 of 10 Uploaded by () on Downloaded on : Tue Jun 30 22:24:25 IST 2026 NEUTRAL CITATION C/FA/2748/2013 JUDGMENT DATED: 17/06/2026 2026:GUJHC:38128 2. The succinct facts, which lead to the filing of the captioned appeal are summarized as under :- i. On 05.04.1996, Shri Haresh Dayashankar Joshi was travelling from Madavi to Rajkot in S.T. Bus bearing Registration No. GJ-1-Z-5065 in the course of his employment as a conductor. At about 10:40 hours, when the said bus reached near Village Vondh, approximately 6 kilometres from Bhachau on Kandla–Ahmedabad Nati