FA/390/2025

Judgment text excerpt

NEUTRAL CITATION C/FA/390/2025 JUDGMENT DATED: 23/06/2026 2026:GUJHC:38471 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 390 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== SAILENDRAKUMAR SUBHASHBHAI SONI Versus DINESHBHAI CHATURBHAI VASAVA & ORS. ========================================================== Appearance: MR. HEMAL SHAH(6960) for the Appellant(s) No. 1 MR TANMAY B KARIA(6833) for the Defendant(s) No. 3 NOTICE SERVED for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 23/06/2026 JUDGMENT 1. The captioned appeal has been preferred against the impugned judgment and award dated 18.12.2024 passed by the learned Motor Accident Claims Tribunal (Aux.) & 8th Additional District Judge, at Surat in M.A.C.P. No. 485 of 2018, whereby the learned Tribunal had allowed the Claim Petition and awarded a sum of Rs.8,41,622/-, along with interest at the rate of 6% 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 27.05.2017, the Original Claimant/appellant herein – Mr. Sailendrakumar Subhashbhai Soni was driving his motorcycle bearing registration No.GJ-05-NM-4141 on the correct side of the road, by observing traffic rules. When Page 1 of 10 Uploaded by () on Downloaded on : Tue Jun 30 21:06:25 IST 2026 NEUTRAL CITATION C/FA/390/2025 JUDGMENT DATED: 23/06/2026 2026:GUJHC:38471 he reached near the place of the accident, oppon