Gujarat High Court
Bashirbhai Jusabbhai Piparwadiya vs New India Assurance Company Limited on 20 November, 2025
NEUTRAL CITATION
C/FA/2929/2014 JUDGMENT DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2929 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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BASHIRBHAI JUSABBHAI PIPARWADIYA & ANR.
Versus
NEW INDIA ASSURANCE COMPANY LIMITED & ORS.
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Appearance:
MR C P CHANIYARA(6836) for the Appellant(s) No. 1,2
MR RATILAL V SAKARIA(6613) for the Appellant(s) No. 1,2
DELETED for the Defendant(s) No. 6
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 1
MS MAMTA R VYAS(994) for the Defendant(s) No. 2,3,4,5
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 20/11/2025
ORAL JUDGMENT
1. The appellants herein are the owner and driver of the offending truck bearing registration No.GJ-3V-7864, challenged the impugned judgment and award dated 28.03.2012 passed by the learned Tribinal (Main), Rajkot in Motor Accident Claim Petition No.2454/2000. The short issue raised by the appellants herein regarding their liability to satisfy the award on the ground that at the time of accident, the deceased Valjibhai Karshanbhai Fangalia was travelling with his goods, therefore, the risk of the Page 1 of 5 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:23 IST 2025 NEUTRAL CITATION C/FA/2929/2014 JUDGMENT DATED: 20/11/2025 undefined deceased was covered under the policy, however, the learned Tribunal had exonerated the Insurance Company from satisfying the impugned judgment and award.
2. Heard learned advocates for the parties.
3. Learned advocate for the appellant submitted that the learned Tribunal has committed error in holding that at the time of accident, the deceased was not travelling with his drilling machine, therefore, the deceased cannot be held as a gratuitous passenger. Hence, the risk of the deceased was covered under the policy. He further submitted that the vehicle in question were duly insured with the Insurance Company. He further submitted that the policy in question was proved at Exh-29. He further submitted that the Insurance Company cannot be exonerated to satisfy the impugned judgment and award, therefore, the impugned judgment and award is to be modified to that extent.
4. On the other hand, Mr. Palak H. Thakkar, learned advocate appearing on behalf of the respondent No.1- Insurance Company herein vehemently submitted that it was not proved on record Page 2 of 5 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:23 IST 2025 NEUTRAL CITATION C/FA/2929/2014 JUDGMENT DATED: 20/11/2025 undefined that at the time of accident the deceased was travelling with his goods. He also drawn the attention of the Court to the panchnama of the place of accident. He further submitted that the panchnama does not reflect that at the time of accident the deceased was travelling with his goods. He further submitted that the original claimant/ widow of the deceased in her cross- examination clearly admitted that the deceased was not travellling with the goods. He further submitted that the appellants have not stepped into witness box to prove their version before the learned Tribunal, therefore, there is no substance in the present appeal and the same is liable to be dismissed.
5. Having considered submissions of the learned advocates for the parties and having perused the record, it is on record that the panchnama of place of accident at Exh-19 is in Marathi language and the translated copy of the same in Gujarati language has been placed on Exh-47. On perusal of the panchnama, on the place of accident the bags of cattle foods were found and no drilling machine was found at the place of accident. Further, the widow of the deceased stepped into witness box and in her cross-examination, she admitted that she Page 3 of 5 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:23 IST 2025 NEUTRAL CITATION C/FA/2929/2014 JUDGMENT DATED: 20/11/2025 undefined has no evidence that her husband was travelling in the truck along with the goods. The appellants who were the driver and the owner of the truck, though filed the written statement before the learned Tribunal but they have not stepped into the witness box to prove that at the time of accident, the deceased was travelling with his goods. Not only this, the perusal of policy at Exh-29 clearly reveals that no premium was paid for the passengers or non-fare passengers to cover the risk of the deceased. Therefore, the learned Tribunal has not committed any error in holding that the Insurance Company was not liable to satisfy the award. Therefore, I am of the considered view that there is no infirmity in the impugned judgment and award passed by the learned Tribunal. Therefore, the same is required to be upheld and accordingly the impugned judgment and award dated 28.03.2012 is upheld and the present appeal stands dismissed.
6. Statutory amount, if any, lying deposited with the Registry of this Court, the same shall be transmitted to the concerned learned Tribunal forthwith.
7. The appellants are directed to deposit the entire awarded amount, if not deposited, within a period of 4 weeks from today. Page 4 of 5 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:23 IST 2025
NEUTRAL CITATION C/FA/2929/2014 JUDGMENT DATED: 20/11/2025 undefined
8. Upon depositing of the said amount, the learned Tribunal shall disburse the amount to the original claimants after due verification.
9. R & P, if any, be sent back to the concerned learned Tribunal forthwith. No order as to costs.
10. Stay, if any, granted by this Court, stands vacated.
(MOOL CHAND TYAGI, J) CDP Page 5 of 5 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:08:23 IST 2025