FA/640/2022

Judgment text excerpt

NEUTRAL CITATION C/FA/640/2022 JUDGMENT DATED: 16/06/2026 2026:GUJHC:36280 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 640 of 2022 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== MAHMADSHA BHACHALSHA SHEIKH Versus JIVANBHAI DALABHAI AAHIR & ANR. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Appellant(s) No. 1 MR TANMAY B KARIA(6833) for the Defendant(s) No. 2 NOTICE UNSERVED for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 16/06/2026 JUDGMENT 1. The captioned appeal has been preferred against the impugned judgment dated 02.07.2019 passed by the learned Motor Accident Claims Tribunal (Aux.) & 4th Additional Sessions Judge, at Bhuj in M.A.C.P. No. 137 of 2003, whereby the learned Tribunal had rejected the Claim Petition and exonerated the original opponents/respondents herein from their liability to satisfy the award. 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 30.10.2001 at around 11:30 hours, original claimant/appellant herein - Mr. Mahmadsha Bhachalsha Sheikh was proceeding towards Rajasthan by driving a Truck bearing registration No.GJ-12-T-9384, at very Page 1 of 7 Uploaded by ARUN B(HC02368) on Thu Jun 18 2026 Downloaded on : Tue Jun 30 20:57:26 IST 2026 NEUTRAL CITATION C/FA/640/2022 JUDGMENT DATED: 16/06/2026 2026:GUJHC:36280 moderate speed and by observing traffic rules. When he reached near Bhachau Police Station, due to sudden failure of brake of