FA/9/2024

Judgment text excerpt

NEUTRAL CITATION C/FA/9/2024 JUDGMENT DATED: 10/06/2026 2026:GUJHC:35063 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 9 of 2024 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== MUKESHBHAI JAYANTIBHAI VAGHARI Versus BHARMALBHAI LAKHMIRBHAI MORI & ORS. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Appellant(s) No. 1 MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 10/06/2026 JUDGMENT 1. The captioned appeal is filed against the impugned judgment and award dated 22.06.2023 passed by the learned Motor Accident Claims Tribunal (Main), Anand in MACP No.118/2021, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.14,30,715/- as a compensation along with interest at the rate of 9% 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 18.06.2021, at about 2:30 p.m., the claimant-Mukeshbhai Jayantibhai Page 1 of 12 Uploaded by () on Downloaded on : Tue Jun 30 23:01:10 IST 2026 NEUTRAL CITATION C/FA/9/2024 JUDGMENT DATED: 10/06/2026 2026:GUJHC:35063 Vaghari was riding a bicycle at a very moderate speed and on the correct side of the road. When he reached at the place of accident, the respondent no.1 herein came by driving a tanker bearing registration no.GJ-03-BV-7132 at an excessive speed, in a rash and negligent manner and dashed with the bicycle of the claimant. As