Gujarat High Court
Leelaben Wd/O Anopbhai Alias Kalubhai ... vs Mahendrabhai Sardarbhai Kanabhai on 1 December, 2025
NEUTRAL CITATION
C/FA/1024/2023 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1024 of 2023
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LEELABEN WD/O ANOPBHAI ALIAS KALUBHAI PATELIYA & ORS.
Versus
MAHENDRABHAI SARDARBHAI KANABHAI & ORS.
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Appearance:
MR AMIT C NANAVATI(1384) for the Appellant(s) No. 1,2,3,4,5,6,7
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2.1,2.2,2.3,2.4,2.5,2.6
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 01/12/2025
ORAL ORDER
[1.0] Feeling aggrieved and dissatisfied with the judgment and award dated 04.01.2022 passed by learned Motor Accident Claims Tribunal (Auxi.), Panchmahals at Godhra (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.161 of 2013, the appellants - original claimants have preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).
[2.0] The brief facts of the case of the claimants in the claim petition are that on 23.04.2012, the deceased Anopbhai @ Kalubhai Dalsukhbhai Pateliya and others were travelling as labourers in Tractor No.GJ-17-D-7173 and Trolley No.GJ-17-Y-2569 to take stones and the said vehicle was being driven by original opponent No.1 in rash and negligent manner and at about 1.30 hours, the driver of the offending vehicle suddenly applied brakes as a result of which, the deceased Anopbhai Pateliya was thrown out on the road from the trolley and sustained and succumbed to fatal injuries and therefore, the legal heirs and representatives of the deceased Page 1 of 3 Uploaded by MR. AJAY C MENON(HC00939) on Mon Dec 01 2025 Downloaded on : Mon Dec 01 22:01:52 IST 2025 NEUTRAL CITATION C/FA/1024/2023 ORDER DATED: 01/12/2025 undefined filed the claim petition being MACP No.161 of 2013.
[2.1] After recording the evidence, the learned Tribunal has been pleased to dismiss the claim petition on the ground that claimants failed to prove that the deceased had sustained the injuries and died on account of rash and negligent driving on the part of the offending vehicle i.e. tractor-trolley and observed that, the complaint is filed against the driver of unknown vehicle and claimant No.1 has tendered her evidence stating that she is not eye- witness. Further relying on panchnama Exh.40, the learned Tribunal by observing that the vehicle was not identified by the panch witnesses and going through the details of police papers in relation to the accident, has observed that "what more documents could be filed thatn the documents filed by the applicants to prove the factum of the accident and the persons involved therein. However, the applicants have failed to prove the involvement of Tractor No.GJ-17-D-7173 and Trolley No.GJ-17-Y-2569 in the accident. The applicants have not examined any other witness to support their case". Relying on the aforesaid obsevation, the learned Tribunal has answered issue No.1 in the negative and claim petition was dismissed. Hence, present appeal is filed.
[3.0] Having heard learned advocate appearing for the respective parties and perusing the impugned judgment and award, it appears that the charge-sheet is filed against original opponent No.1 which has culminated into Criminal Case No.577 of 2022. Merely because no sufficient documents are produced and/or no opportunity is given to produce such documents is not a ground to reject the claim petition. Further, involvement of offending vehicle is not believed in absence of any material or documents. Without considering Page 2 of 3 Uploaded by MR. AJAY C MENON(HC00939) on Mon Dec 01 2025 Downloaded on : Mon Dec 01 22:01:52 IST 2025 NEUTRAL CITATION C/FA/1024/2023 ORDER DATED: 01/12/2025 undefined further on merits of the case, as the claimants are having sufficient documents and evidence to prove and show the involvement of the offending vehicle, in view of the decision of the Hon'ble Supreme Court in the case of Jana Bai Wd/o. Dinkarrao Ghorpade & Ors. vs. ICICI Lombard Insurance Company Ltd. reported in (2012)10 SCC 512, this Court is of considered view that to prove the involvement of the offending vehicle, one more opportunity is required to be given to the claimants considering the object of legislature as proceeding under the Motor Vehicles Act is a benevolent legislation and hypertechnical view is required to be avoided. Considering the aforesaid fact, without discussing any further on merits of the case, matter is required to be remitted back to the learned Tribunal.
[4.0] In aforesaid conspectus, present appeal is allowed. Impugned judgment and award dated 04.01.2022 passed by learned Motor Accident Claims Tribunal (Auxi.), Panchmahals at Godhra in Motor Accident Claim Petition No.161 of 2013 is hereby quashed and set aside and matter is remitted back to the learned Tribunal to decide the same afresh after giving an opportunity of hearing to all the parties, independently on its own merits, within a period of THREE MONTHS from the date of receipt of present order. Record and proceedings, if any, be remitted back to the concerned Tribunal forthwith.
(HASMUKH D. SUTHAR, J.) Ajay Page 3 of 3 Uploaded by MR. AJAY C MENON(HC00939) on Mon Dec 01 2025 Downloaded on : Mon Dec 01 22:01:52 IST 2025