Zala Jitendrasinh Bharatsinh vs Ilaben Rameshchandra Raval (Wife ...
2023 Latest Caselaw 5500 Guj

                                                                                         NEUTRAL CITATION




     C/FA/2748/2021                                      ORDER DATED: 01/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2748 of 2021

                                       With

              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019

                                         In

                       R/FIRST APPEAL NO. 2748 of 2021
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                ZALA JITENDRASINH BHARATSINH
                            Versus
       ILABEN RAMESHCHANDRA RAVAL (WIFE OF DECEASED)
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Appearance:
MR NASIR SAIYED ADVOCATE FOR MR EE SAIYED(725) for the
Appellant(s) No. 1
MR KK THAKKAR(2834) for the Defendant(s) No. 1,2,3,4
MR P M RANGWALA(5038) for the Defendant(s) No. 1,2,3,4
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                               Date : 01/08/2023

                                   ORAL ORDER

1. The appellant is the owner of the

vehicle bearing Registration No.GJ-08-U-3259, who

challenges the judgment and award dated

13.08.2018 in MACP No.239 of 2019, wherein the

learned Tribunal had passed an award of

Rs.4,04,480/-. The opponent no.1 - present

applicant, owner of the truck, has been made

liable to pay compensation along with interest

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C/FA/2748/2021 ORDER DATED: 01/08/2023

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and cost within 30 days from the date of receipt

of the judgment and award.

2. The ground has been raised in the appeal

is that the Tribunal has not considered and not

appreciated the fact that the Truck was lying on

the road with stone behind the rear view, and it

was lying for repairing work and the deceased had

dashed the vehicle.

3. The facts of the case are that on

13.12.2015 at about 7.35 p.m., deceased

Rameshchandra Bhavanishankar Raval, was driving

his motorcycle bearing No.GJ-2-AE-2067 going

towards Modhera from Becharaji in moderate speed

and on the correct side of the road, and at that

time when he was passing near village Kalari, the

Truck No.GJ-08-U-3259 was lying on the road in

stationary condition, without any reflectors or

parking signals, as a result of which said

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C/FA/2748/2021 ORDER DATED: 01/08/2023

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motorcycle dashed on the rear portion of the

Truck and deceased sustained serious injuries and

died during the treatment. A complaint was lodged

against the truck driver before Becharaji Police

Station vide I.Cr. No.74/2015.

4. Advocate Mr. Nasir Saiyed for Mr. E.E.

Saiyed, learned advocate for the appellant stated

that the learned Tribunal ought to have

considered the negligence of the motorcyclist on

a higher side, since the vehicle was broken down

on the road and was for repairing purpose, and

necessary stones on the rear side were placed to

alert on-going vehicles.

5. Countering the arguments, Advocate Mr.

K.K. Thakkar, stated that the learned Tribunal

has appreciated the evidence and had considered

the fact that the Truck was lying on a stationary

condition without any parking signals or

reflectors, and, hence the motorcyclist dashed at

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C/FA/2748/2021 ORDER DATED: 01/08/2023

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the rear side of the Truck. Mr. Thakkar submitted

that 20% negligence has been attributed to the

motorcyclist, hence, there is no case for the

present appellant to contest and assail the

judgment and award.

6. The learned Tribunal while referring to

the panchnama of the place of occurrence had

taken into consideration the contributory

negligence of the present appellant and the

deceased. The learned Tribunal having considered

the oral and documentary evidence was of the view

that the Truck driver was 80% negligent, while

20% negligence has been attributed to

motorcyclist. In total, the compensation of

Rs.5,05,600/- was computed, and deducting 20%

contributory negligence, the present appellant

was made liable to pay Rs.4,04,480/-.

7. This Court finds that the judgment and

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C/FA/2748/2021 ORDER DATED: 01/08/2023

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award passed is in accordance to the evidence on

record. The appellant has failed to show any

error in the judgment and award passed by the

learned Tribunal. The reasons given are

consistent with the evidence on record. This

Court does not find any reason to entertain the

appeal, hence, stands rejected.

8. In view of rejection of the main appeal,

Civil Application stands disposed of accordingly.

(GITA GOPI,J) Pankaj