KISHORBHAI FULSINH CHAUHAN vs AMITKUMAR NARANBHAI SOSA
- Court
- Gujarat High Court
C/FA/1291/2016 (GJHC240425732016) JUDGMENT DATED: 03/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1291 of 2016
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KISHORBHAI FULSINH CHAUHAN
Versus
AMITKUMAR NARANBHAI SOSA & ORS.
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Appearance:
MR MEHUL S SHAH(772) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 2
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 03/09/2026
JUDGMENT
1. The present First Appeal is filed under Section 173
of the Motor Vehicles Act, 1988, by the appellant – original
claimant, challenging the judgment and award dated
26.02.2016 passed by the learned Motor Accident Claims
nd
Tribunal (Aux), 2 Additional District Judge, Bhavnagar camp
at Botad in MACP No.145 of 2004, whereby the learned
Tribunal partly allowed the claim petition.
2. Brief facts of the case are that, on 13.01.2014, at
about 4.00 a.m. the claimant proceeding from Jamnagar to
Vadodara by driving his Eicher vehicle bearing registration
No.GJ-3-Y-7479. At that time, opponent No.1, while driving
luxury bus bearing registration No.GJ-14-W-255, in rash and
negligent manner and at an excessive speed, dashed with the
claimant’s Eicher vehicle. As a result of the said accident,
claimant sustained grievous injuries.
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C/FA/1291/2016 (GJHC240425732016) JUDGMENT DATED: 03/09/2026
2.1 An FIR was registered being I-C.R.No.4 of 2014
before the Koth Police Station.
2.2 Based upon the aforesaid pleadings, claimant filed
claim petition under Section 166 of the Motor Vehicle Act,
1988 seeking compensation of Rs.5,00,000/- before the
learned Motor Accident Claims Tribunal (Aux.), Bhavnagar
camp at Botad.
2.3 The learned Tribunal framed the Issues and
permitted the parties to led their evidence. Upon considering
the evidence on record, the learned Tribunal partly allowed
the claim petition and awarded compensation of Rs.1,01,050/-
with 7.5% interest from the date of petition till realisation.
2.4 Being aggrieved and dissatisfied with the aforesaid
judgment and award, the claimant has preferred the present
appeal before this Court
3. Heard learned advocate Mr.Mehul Shah for the
appellant and learned advocate Mr.Palak Thakkar for the
opponent – Insurance Company.
4. I have heard learned advocates for the parties and
perused the impugned judgment and award. Upon considering
the impugned judgment and award, it emerges that there is
no dispute with regard to the personal injuries sustained by
the claimant in the road accident. The claimant sustained a
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fracture in his right leg.
5. Considering the overall facts and circumstances of
the case, more particularly, the age of the claimant, who was
27 years old at the time of accident, and the fact that he was
working as a driver of Eicher vehicle, without entering into
the further merit of the case, this Court deems it fit to
enhance the compensation awarded by the learned Tribunal
from Rs.1,01,050/- to Rs.1,50,000/-.
6. The finding recorded by the learned Tribunal with
regard to contributory negligence is hereby maintained.
Accordingly, the compensation of Rs.1,50,000/- is assessed
after taking into consideration the finding on the issue of
negligence.
7. For the foregoing reasons, the appeal is partly
allowed. The claimant is entitled to enhanced amount of
compensation of Rs.48,950/- (Rs.1,50,000/- minus
Rs.1,01,050/-), with interest at the rate of 7.5% p.a. from the
date of the petition till realization.
8. The Insurance Company is directed to deposit the
aforesaid enhanced amount of compensation with accrued
interest within a period of 12 weeks from today.
9. The learned Tribunal shall disburse the entire
awarded amount lying in the FDR and/or with the Tribunal,
with accrued interest thereon, if any, to the claimant/s by
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Account Payee Cheque/NEFT/RTGS, after proper verification
and after following due procedure.
10. While making the payment, the Tribunal shall
deduct the courts fees, if not paid, in accordance with
rules/law.
11. Resultantly, the present First Appeal is allowed to
the aforesaid extent. The judgment and award dated
26.02.2016 passed by the learned Motor Accident Claims
nd
Tribunal (Aux), 2 Additional District Judge, Bhavnagar camp
at Botad in MACP No.145 of 2004, is modified to the aforesaid
extent. Record and proceedings, if any, received, be sent back
to the concerned Court/Tribunal.
12. Connected Civil Application, if any, does not
survive and stands disposed of accordingly.
(J. C. DOSHI,J)
MANOJ
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