NEUTRAL CITATION
C/FA/40/2010 ORDER DATED: 25/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 40 of 2010
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JAYESHKUMAR KANTILAL SHUKLA
Versus
MOHABATSINH TALAJI KSHATRIYA, DRIVER OF MINIBUS GJ-18-U-9599
& 3 other(s)
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Appearance:
MR R.K.MANSURI(3205) for the Appellant(s) No. 1,1.1,1.2
MR KRUNAL R SAKSENA(5915) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 4
RULE UNSERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 25/09/2023
ORAL ORDER
1. The original claimant, has preferred the present appeal under Section 173 of the Motor Vehicle Act, 1988, assailing the judgment and order dated 30.10.2009 passed in Claim Petition No.1032 of 2005, whereby the Claim Tribunal at Sabarkantha was pleased to dismiss the petition to recover the amount of damages suffered to the Maruti Zen car.
2. On 16.02.2005, there was an accident between Maruti Zen car and Minibus, as a result of which, the Zen car suffered damages as per surveyor report. The owner of the car deceased Jayeshkumar Shukla had filed a claim petition before Sabarkantha Claim Tribunal for obtaining the amount of damages. The learned tribunal vide its judgment and award, held that, the accident in question was being arise on account Page 1 of 3 Downloaded on : Tue Sep 26 20:43:31 IST 2023 NEUTRAL CITATION C/FA/40/2010 ORDER DATED: 25/09/2023 undefined of negligent act on the part of driver of Minibus. On the aspect of damages, learned tribunal held that, the surveyor report is not sufficient to award the amount of damages as the appellant failed to prove that how much expenses, he had occurred towards the repairing of the car. Accordingly, the tribunal had dismissed the claim petition on 30.10.2009.
3. Mr. Mansuri, learned counsel for the appellants submitted that, the tribunal failed to appreciate the amount of damages mentioned in the panchnama, prepared at the spot by the police. He further submitted that, the repairing bills were submitted with the claim petition, but, somehow it could not be exhibited, as a result, the tribunal failed to appreciate the amount spent towards the repairing and therefore, Mr. Mansuri submitted that, the hyper technical approach adopted by the tribunal has caused injustice to the appellants and the same deserves to be set aside.
4. Mr. Krunal Saksena, learned counsel appearing for and on behalf of the insurance company has submitted that the appellants failed to prove the necessary bills and vouchers of repairing and now they cannot raise the issue that the documents were not considered by the tribunal.
5. Having heard learned counsel for the respective parties and on perusal of the case records, this Court is of considered view that the factum of accident and damages suffered to the Zen car are not in dispute. Pursuant to the FIR, the panchnama of the vehicle lying at the spot was prepared wherein the Page 2 of 3 Downloaded on : Tue Sep 26 20:43:31 IST 2023 NEUTRAL CITATION C/FA/40/2010 ORDER DATED: 25/09/2023 undefined particulars of damages suffered to the car were noted down. The tribunal could have considered the value mentioned in the panchnama. In such circumstances, considering report of the surveyor and the particulars of the panchnama, the tribunal ought not to have dismissed the claim petition.
6. For the reasons stated above, the appellants are entitled to the sum of Rs.25,000/- towards the amount of damages suffered to the Zen car bearing Registration No.GJ-9-B-2771. Accordingly, the appeal is allowed in part, the judgment and order of dismissal of claim petition is hereby quashed and set aside. The insurance company herein is directed to pay the said amount with interest @ 6%. Decree be drawn accordingly.
(ILESH J. VORA,J) TAUSIF SAIYED Page 3 of 3 Downloaded on : Tue Sep 26 20:43:31 IST 2023