SCA/14672/2025

Judgment text excerpt

NEUTRAL CITATION C/SCA/14672/2025 JUDGMENT DATED: 15/06/2026 2026:GUJHC:37057 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14672 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== BHOLABHAI NATHABHAI HAPANI Versus HIRIBEN KARSANBHAI JHAPDA (LHS OF DECD. KARSANBHAI BAGHABHAI JHAPDA) & ORS. ========================================================== Appearance: MR R G DWIVEDI(6601) for the Petitioner(s) No. 1 NISHIT A BHALODI(9597) for the Respondent(s) No. 1,2,3 NOTICE SERVED for the Respondent(s) No. 4 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 15/06/2026 JUDGMENT 1. The captioned petition is filed against the impugned order dated 29.04.2025 passed by the learned Motor Accident Claims Tribunal, Rajkot at Dhoraji in MACP No.6/2024, whereby the learned Tribunal had rejected the application filed by the opponent/petitioner herein before the learned Tribunal to implead the driver of the offending vehicle bearing registration no.GJ-01-BQ-1160. 2. The succinct facts leading to file the captioned petition are that on 11.12.2023, when the deceased-Karsanbhai Baghabhai Jhapda (Shepherd) was walking on the road, in the meantime, the driver of the motor cycle bearing registration no.GJ-01-BQ-1160 came by driving the Page 1 of 4 Uploaded by () on Downloaded on : Tue Jun 30 23:26:24 IST 2026 NEUTRAL CITATION C/SCA/14672/2025 JUDGMENT DATED: 15/06/2026 2026:GUJHC:37057 motor cycle in a rash and negligent manner, at an excessive speed and hit the deceased. Due to the impact of the said accident, the deceased sustained ser