FA/405/2024

Judgment text excerpt

NEUTRAL CITATION C/FA/405/2024 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34203 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 405 of 2024 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== NARENDRA PIRIYA VASAVE FATHER & ORS. Versus MOHAMMAD SADAM LATIF ANSARI & ORS. ========================================================== Appearance: MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3 MS KIRTI S PATHAK(9966) 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 : 10/06/2026 JUDGMENT 1. The captioned appeal has been preferred against the impugned judgment dated 24.11.2023 passed by the learned Motor Accident Claims Tribunal (Aux.) at Surat, in M.A.C.P. No. 525 of 2015, whereby the Claim Petition preferred by the original claimants/appellants herein was dismissed on technical grounds. 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 18.05.2015 at around 02:00 hours, the deceased – Sanoj was travelling along with Mr. Mahendrabhai and his daughter for medical treatment from Sachin to Navsari in a motorcycle, at very moderate speed and on the correct side of the road. In the meantime, the driver of a Truck Page 1 of 5 Uploaded by ARUN B(HC02368) on Wed Jun 10 2026 Downloaded on : Tue Jun 30 20:58:31 IST 2026 NEUTRAL CITATION C/FA/405/2024 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34203 bearing registration No.GJ-21-V-264 came in a rash and negligent manner a