FA/3940/2017

Judgment text excerpt

NEUTRAL CITATION C/FA/3940/2017 JUDGMENT DATED: 18/06/2026 2026:GUJHC:37329 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3940 of 2017 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== SHANTABEN WD/O SOMSINGBHAI PALAS & ANR. Versus GANPATBHAI NATHABHAI KATARA & ORS. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Appellant(s) No. 2 UNSERVED EXPIRED (N) for the Appellant(s) No. 1 MR TANMAY B KARIA(6833) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ========================================================== 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 26.07.2017 passed by the learned Motor Accident Claims Tribunal (Main) at Dahod in M.A.C.P. No. 272 of 2014, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.4,70,974/- along with interest at the rate of 9% 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 17.08.2014, Mr. Somsingbhai Palas (hereinafter referred to as the “deceased”) was travelling to his field Page 1 of 8 Uploaded by () on Downloaded on : Tue Jun 30 22:42:22 IST 2026 NEUTRAL CITATION C/FA/3940/2017 JUDGMENT DATED: 18/06/2026 2026:GUJHC:37329 on a motorcycle bearing registration No.GJ-20-S-2898 as a pillion rider. The said motorcycle was being driven by original opponent N