FA/3924/2017

Judgment text excerpt

NEUTRAL CITATION C/FA/3924/2017 JUDGMENT DATED: 18/06/2026 2026:GUJHC:37330 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3924 of 2017 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== BUNIBEN WIDOW OF NAVGHANBHAI KARSHANBHAI KHODANA & ORS. Versus BHALABHAI ALIAS SHANTILAL NANJIBHAI PATEL & ORS. ========================================================== Appearance: MR TEJAS P SATTA(3149) for the Appellant(s) No. 1,2,3,4,5 MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 2 RULE UNSERVED for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 18/06/2026 JUDGMENT 1. The captioned appeal has been preferred against the impugned judgment dated 27.06.2017 passed by the learned 4 th Motor Accident Claims Tribunal (Aux.) at Mahesana at Visnagar, in M.A.C.P. No. 184 of 2012 (Old M.A.C.P. No. 1391 of 2003), whereby the Claim Petition preferred by the original claimants/appellants herein was dismissed. 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 14.11.2003, Mr. Navghanbhai (hereinafter referred to as the “deceased”) was travelling along his wife – Page 1 of 5 Uploaded by () on Downloaded on : Tue Jun 30 22:41:55 IST 2026 NEUTRAL CITATION C/FA/3924/2017 JUDGMENT DATED: 18/06/2026 2026:GUJHC:37330 original claimant No.1 in a tempo bearing registration No.GJ-9-V-1289 along with goods. The said tempo was being driven by original opponent No.1/respondent No.1 herein in a rash and negligent manner an