FA/2928/2017

Judgment text excerpt

NEUTRAL CITATION C/FA/2928/2017 JUDGMENT DATED: 16/06/2026 2026:GUJHC:37295 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2928 of 2017 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== VIJAYBHAI THAKARSIBHAI PRAJAPATI Versus BHUPENDRABHAI RAMANLAL PATEL & ORS. ========================================================== Appearance: MR RAXIT J DHOLAKIA(3709) for the Appellant(s) No. 1 MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 16/06/2026 JUDGMENT 1. The captioned appeal has been preferred against the impugned judgment and award dated 05.08.2016 passed by the learned Motor Accident Claims Tribunal (Aux.) at Surat in M.A.C.P. No. 1147 of 1997, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.1,53,601/-, 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 07.03.1997 at about 10:00 a.m., original Claimant/appellant herein – Mr. Vijaybhai Thakarsibhai Prajapati was riding his scooter bearing registration Page 1 of 9 Uploaded by () on Downloaded on : Tue Jun 30 22:31:27 IST 2026 NEUTRAL CITATION C/FA/2928/2017 JUDGMENT DATED: 16/06/2026 2026:GUJHC:37295 No.GJ-5-EE-937 at very moderate speed and on the correct side of the road, from Surat to Pipodara. When he reached near the place of the