FA/3920/2017

Judgment text excerpt

NEUTRAL CITATION C/FA/3920/2017 JUDGMENT DATED: 23/06/2026 2026:GUJHC:38132 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3920 of 2017 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== KANTIBHAI LAXMANBHAI CHAUHAN Versus JAYESHBHAI MANILAL PATEL & ORS. ========================================================== Appearance: MR KRUNAL D PANDYA(3283) for the Appellant(s) No. 1 MR GC MAZMUDAR(1193) for the Defendant(s) No. 3 MR HG MAZMUDAR(1194) for the Defendant(s) No. 3 SERVED BY AFFIX. (R) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 23/06/2026 JUDGMENT 1. The captioned appeal is preferred against the impugned judgment and award dated 28.08.2017 passed by the learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No. 287 of 2015, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs. 1,30,760/- (Rupees One Lakh Thirty Thousand Seven Hundred Sixty Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization. Page 1 of 8 Uploaded by () on Downloaded on : Tue Jun 30 22:41:39 IST 2026 NEUTRAL CITATION C/FA/3920/2017 JUDGMENT DATED: 23/06/2026 2026:GUJHC:38132 2. The succinct facts, which lead to the filing of the captioned appeal are summarized as under :- On 14.04.2014, Kantibhai Laxmanbhai Chauhan was proceeding towards Village Gutaradi on a motorcycle bearing Registration No. GH- 7-BL-8178 as a pillion rider. The said motorcycle was being driven by his relative Pravinsinh at a moderate speed a