FA/3089/2021

Judgment text excerpt

NEUTRAL CITATION C/FA/3089/2021 JUDGMENT DATED: 08/06/2026 2026:GUJHC:33961 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3089 of 2021 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== ISHWARBHAI DAHYABHAI THAKOR & ORS. Versus DHULABHAI PRATAPBHAI BARIYA & ORS. ========================================================== Appearance: MR MOHSIN M HAKIM(5396) for the Appellant(s) No. 1,2,3 KARAN Y VYAS(8539) for the Defendant(s) No. 1 MR SUNIL B PARIKH(582) for the Defendant(s) No. 3 RULE UNSERVED for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 08/06/2026 JUDGMENT 1. The captioned appeal is filed against the impugned judgment and award dated 24.12.2018 passed by the learned Motor Accident Claims Tribunal (Auxiliary) at Rajpipla, Dist. Narmada in MACP No.169/2016, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.4,73,400/- as a compensation along with interest at the rate of 9% per annum from the date of filing of claim petition till its realization. 2. The succinct facts leading to file the captioned appeal are that on 26.12.2015 at about 9:00-9:30 p.m., the deceased-Yogeshbhai Ishwarbhai Thakor was going to Jambusar on his motorcycle bearing Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 22:35:36 IST 2026 NEUTRAL CITATION C/FA/3089/2021 JUDGMENT DATED: 08/06/2026 2026:GUJHC:33961 registration no.GJ-6-CG-1909 at a very moderate speed and on the correct side of the road. When he reached at the place of accident, the respondent no.1 herein came by driving a tan