Gujarat HC Upholds ₹10.5 Lakh Award To Motorcyclist’s Family After Fresh Probe Confirms Truck Hit His Bike

On 12 November 1998, a truck allegedly collided with a motorcycle ridden by Bharatbhai Rajbhai Dalvani, causing his death; the pillion rider was injured.

Bharatbhai’s widow, two minor children and mother brought a claim under Section 166 of the Motor Vehicles Act, 1988.

The Tribunal awarded Rs.10,50,828 with 9% annual interest and attributed 60% negligence to the truck driver and 40% to the deceased.

The insurer appealed, disputing the truck’s involvement by pointing to inconsistencies in the police investigation.

Whether the offending truck was involved in the accident that caused Bharatbhai’s death

Whether the Tribunal’s award should be disturbed on the ground raised by the insurer

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Motor Accident Claims Tribunal; the underlying claim was under Section 166 of that Act.

The Court applied no cited precedent or separately stated substantive legal test; it assessed the evidence concerning the truck’s involvement and the Tribunal’s findings.

The insurer’s principal challenge was that the truck had not been shown to be involved in the accident.

In response to that contention, the Court had directed a fresh investigation. The report, submitted under the supervision of the Superintendent of Police, Bharuch, stated that the truck had struck the motorcycle and that its rider died at the scene.

Although the Court noted a minor inconsistency in the report’s account of the sources relied upon, it found that the report and the Tribunal’s discussion of the evidence in paragraphs 25–27 supported the truck’s involvement.

The insurer identified no other ground warranting interference.

It directed that, if the compensation had not already been disbursed, the Tribunal disburse it to the claimants forthwith after verification, through NEFT/RTGS, making fresh disbursement orders if required.