FA/3903/2017

Judgment text excerpt

NEUTRAL CITATION C/FA/3903/2017 JUDGMENT DATED: 18/06/2026 2026:GUJHC:37291 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3903 of 2017 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== PARVATBHAI BACHUBHAI RATHVA Versus MAHESH MANGILALJI (DELETED) & ORS. ========================================================== Appearance: MR.HIREN M MODI(3732) for the Appellant(s) No. 1 MR VC THOMAS(5476) for the Defendant(s) No. 3 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 18/06/2026 JUDGMENT 1. The captioned appeal has been preferred against the impugned judgment and award dated 04.05.2017 passed by the learned Motor Accident Claims Tribunal (Aux.) at Panchmahal at Godhra in M.A.C.P. No. 1880 of 2004, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.77,400/-, along with interest at the rate of 7.5% 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 18.07.2004 at about 10:30 hours, original Claimant/appellant herein – Mr. Parvatbhai Bachubhai Rathva was travelling in a truck bearing registration No.MH-09-KB-5680 along with goods, i.e., bundle of Page 1 of 9 Uploaded by () on Downloaded on : Tue Jun 30 22:41:14 IST 2026 NEUTRAL CITATION C/FA/3903/2017 JUDGMENT DATED: 18/06/2026 2026:GUJHC:37291 pipes, from Santrod to Baroda. The said truck was being driven by original opponent No.1/respondent No.1 herein (deleted vide or