FA/905/2015

Judgment text excerpt

NEUTRAL CITATION C/FA/905/2015 JUDGMENT DATED: 19/06/2026 2026:GUJHC:38885 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 905 of 2015 With R/FIRST APPEAL NO. 1748 of 2015 With R/FIRST APPEAL NO. 1060 of 2016 FOR APPROVAL AND SIGNATURE: HONOURABLE MS. JUSTICE NISHA M. THAKORE --Sd/- ====================================== Approved for Reporting No Yes ✔ ====================================== NEW INDIA ASSURANCE CO LTD Versus ANILBHAI CHIMANLAL RAJGOR & ORS. ====================================== Appearance: MS DIMPLE A THAKER(6838) for the Appellant(s) No. 1 MR GC MAZMUDAR(1193) for the Defendant(s) No. 3 MR HG MAZMUDAR(1194) for the Defendant(s) No. 3 MR.HIREN M MODI(3732) for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 2,4 ====================================== CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 19/06/2026 ORAL JUDGMENT 1. Since the captioned appeals assails the common judgment and award dated 19th November 2014 passed by the learned 2nd Motor Accident Claims Tribunal (Aux.), Banaskantha at Deesa in MACP no.3095 of 2009 (old MACP no.39 of 2006), the same were heard and are decided together Page 1 of 40 Uploaded by () on Downloaded on : Tue Jun 30 22:40:04 IST 2026 NEUTRAL CITATION C/FA/905/2015 JUDGMENT DATED: 19/06/2026 2026:GUJHC:38885 by this common judgment. By the said impugned judgment and award, the Tribunal has partly allowed the claim petition preferred by the original claimant under Section 166 of the Motor Vehicles Act, 1988 holding the claimants entitled to seek recovery of sum of Rs.17,15,000/- along with proportionate cost and interest at the rate of 9% from the date of filing of claim petition till its actual realization, jointly and severally, from the original opponents. Hence, the captioned appeals at th