Gujarat High Court
Hdfc Ergo General Insurance Company Ltd vs Kamlaben Manubhai Machhi on 11 November, 2025
NEUTRAL CITATION
C/FA/6067/2019 JUDGMENT DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 6067 of 2019
With
R/CROSS OBJECTION NO. 378 of 2023
In
R/FIRST APPEAL NO. 6067 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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HDFC ERGO GENERAL INSURANCE COMPANY LTD
Versus
KAMLABEN MANUBHAI MACHHI & ORS.
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Appearance:
MR YOGI K GADHIA(5913) for the Appellant(s) No. 1
MR MOHSIN M HAKIM(5396) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 3
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 11/11/2025
ORAL JUDGMENT
1. The present appeal and Cross-objection are filed against the impugned judgment and award dated 31.07.2019 passed by the learned Motor Accident Claims Tribunal (Auxiliary) at Rajpipla, District Narmada in Motor Accident Claim Petition No.44 of 2016.
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NEUTRAL CITATION C/FA/6067/2019 JUDGMENT DATED: 11/11/2025 undefined
2. The succinct facts leading to file the present appeal are that the accident took place on 18.12.2015 at about the 6:30 p.m. near Village Vasai within the jurisdiction of Dabhoi (District- Vadodara) Police Station. It is the case of the appellant on 18.12.2015, the deceased Ranjitbhai was coming back from his work by riding motorcycle bearing registration No.GJ-06-JL- 5937, when he reached near the Village Vasai at the place of accident, in the meantime, the respondent No.1 herein came by driving the tempo bearing registration No.GJ-06-W-5661 in rash and negligent manner and dashed with the motorcycle of the deceased from behind. In the said accident, the rider of the motorcycle as well as the pillion rider Manojbhai Arvindbhai Machhi sustained grievous injuries and the rider Ranjitbhai died on the spot.
3. Upon being served with the notices of the claim petitions, the respondent No.2 herein filed the written statement at Exh- 26, thereby denying the contentions raised in the claim petition and in brief, prayed for dismissal of the claim petition.
4. Having considered the pleadings of the parties, the learned Page 2 of 6 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:56:26 IST 2025 NEUTRAL CITATION C/FA/6067/2019 JUDGMENT DATED: 11/11/2025 undefined Tribunal framed the following issued at Exh-17 which are as under:-
"1. Whether the applicants prove that deceased met with a vehicular accidental death due to rash and negligent driving of the driver of the vehicle involved in the accident?
2. Whether the applicant is entitled to get compensation? If yes, what amount?
3. What award and against whom?"
5. Having considered the oral as well as the documentary evidences on record, the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.5,16,240/- along with the interest at the rate of 9% per annum.
6. Being aggrieved, the Insurance Company/respondent No.2 before the learned Tribunal has preferred the present appeal while the original claimants preferred the cross-objections in the captioned appeal for enhancement of compensation.
7. Heard learned advocates for the parties.
8. Learned advocate Mr. Yogi K. Gadhia appearing on behalf of the appellant vehemently submitted that the learned Tribunal Page 3 of 6 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:56:26 IST 2025 NEUTRAL CITATION C/FA/6067/2019 JUDGMENT DATED: 11/11/2025 undefined has not considered the material on record while deciding the issue of negligence. He further submitted that though the witness of the original claimants was cross-examined by the Insurance Company, however, the learned Tribunal observed in the impugned judgment that the witness of the claimants were not cross-examined. He further submitted that the learned Tribunal has also committed serious error in holding that the Insurance Company has not led any evidence though the sufficient evidences in the nature of oral as well as the documentary were led before the learned Tribunal. He further submitted that the learned Tribunal has totally ignored the evidences led by the Insurance Company before the learned Tribunal. Therefore, the findings on the Issue No.1 is not sustainable. At the outset, learned advocate for the appellant submitted that the findings returned by the learned Tribunal on Issue No.1 is perverse and liable to be set aside.
9. On the other hand, learned advocate Mr. Mohsin M. Hakim appearing on behalf of the original claimants, who have also filed the Cross objections, vehemently submitted that the learned Tribunal has not awarded the adequate compensation to the original claimants. At the outset, he challenged the award on the Page 4 of 6 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:56:26 IST 2025 NEUTRAL CITATION C/FA/6067/2019 JUDGMENT DATED: 11/11/2025 undefined point of quantum.
10. Having considered the submissions of the learned advocates for the parties and having perused the record, it is to be noted that the learned Tribunal has not considered the material on record while deciding the Issue No.1 i.e. of negligence. Learned Tribunal has not considered the evidences led by the Insurance Company rather the learned Tribunal recorded in the impugned judgment that the Insurance Company has not led any evidence. The said findings of the learned Tribunal is perverse and not sustainable in the facts and circumstances of the present case.
11. In view of the above, the impugned judgment and award is liable to be set aside and the matter is remanded back to the learned Tribunal for re-hearing the claim petition on the point of negligence as well as on the point of quantum afresh. It is made clear that the learned Tribunal shall decide the claim petition without being influenced by the observations made in the instant order.
12. The learned Tribunal shall decide the matter within the Page 5 of 6 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:56:26 IST 2025 NEUTRAL CITATION C/FA/6067/2019 JUDGMENT DATED: 11/11/2025 undefined period of four months from today. Both the parties are directed to co-operate with the learned Tribunal in earliest disposal of the matter.
13. In view of the above, the matter is remanded back to the learned Tribunal. The amount lying deposited before the learned Tribunal shall be kept with the learned Tribunal till the disposal of the claim petition and thereafter be dealt as per directions of the learned Tribunal.
14. R & P be sent to the concerned learned Tribunal forthwith.
(MOOL CHAND TYAGI, J) CDP Page 6 of 6 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:56:26 IST 2025