FA/4418/2025

Judgment text excerpt

NEUTRAL CITATION C/FA/4418/2025 JUDGMENT DATED: 18/06/2026 2026:GUJHC:38464 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4418 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== KALIBEN WD/O RAMESHBHAI DHULABHAI DAMOR & ORS. Versus DINESHBHAI PARSINGBHAI TOHED & ORS. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4,5 MR KRUNAL R SAKSENA(5915) for the Defendant(s) No. 3 NOTICE SERVED for the Defendant(s) No. 2,4 NOTICE UNSERVED for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 18/06/2026 JUDGMENT 1. The captioned appeal is filed against the impugned judgment and award dated 24.04.2023 passed by learned Motor Accident Claims Tribunal (Main), Dahod in MACP No.676/2010, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.28,05,020/- as a compensation along with interest at the rate of 6% per annum from the date of filing of claim petition till its realization. 2. The succinct facts leading to file the captioned appeal are that on Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 22:24:08 IST 2026 NEUTRAL CITATION C/FA/4418/2025 JUDGMENT DATED: 18/06/2026 2026:GUJHC:38464 20.10.2010, at about 15:30 hours, when the deceased-Rameshbhai Dhulabhai Damor was travelling on a motorcycle, in the meantime, the respondent no.1 came by driving the Marshal Jeep bearing registration no.GJ-09-M-3658 in rash and negligent manner, at an excessive speed and dashed with the said motorcycle, on which t