FA/850/2018

Judgment text excerpt

NEUTRAL CITATION C/FA/850/2018 JUDGMENT DATED: 23/06/2026 2026:GUJHC:38651 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 850 of 2018 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== DILIPBHAI BABULAL MISTRI (MALVIYA LUHAR) Versus DASHRATHBHAI BHAVARLAL PRAJAPATI & ORS. ========================================================== Appearance: MR.HIREN M MODI(3732) for the Appellant(s) No. 1 ADVOCATE NOTICE SERVED for the Defendant(s) No. 1,2 MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 23/06/2026 JUDGMENT 1. The captioned appeal is filed against the impugned judgment and award dated 11.10.2017 passed by learned Motor Accident Claims Tribunal (Auxiliary) and Additional Sessions Judge, Sabarkantha at Idar in MACP No.1018/2007, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.2,22,160/- as a compensation along with interest at the rate of 7.5% 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 8 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Jun 25 2026 Downloaded on : Tue Jun 30 20:58:28 IST 2026 NEUTRAL CITATION C/FA/850/2018 JUDGMENT DATED: 23/06/2026 2026:GUJHC:38651 08.10.2007, when the claimant-Dilipbhai Babulal Mistri was travelling in a motorcycle bearing registration no.GJ-9-Q-7587 as a pillion rider, in the meantime, the respondent no.1 came by driving a jeep bearing registration no.GJ-1-S-9708 in rash and negligent manner, at an