Gujarat High Court
Oriental Insurance Company Limited vs Kishorbhai Jaysukhbhai Geriya on 9 July, 2025
NEUTRAL CITATION
C/FA/262/2022 JUDGMENT DATED: 09/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 262 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE --Sd/-
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Approved for Reporting No Yes
No
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ORIENTAL INSURANCE COMPANY LIMITED
Versus
KISHORBHAI JAYSUKHBHAI GERIYA & ORS.
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR MAKBUL I MANSURI(2694) for the Defendant(s) No. 3,4,5
RULE SERVED for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/07/2025
ORAL JUDGMENT
1. Heard Mr. Vibhuti Nanavati, learned advocate for the
appellant - insurance company.
2. Mr. Makbul I. Mansuri, learned advocate has entered
appearance on behalf of respondent nos.3 to 5 - original
claimants. Despite service of rule qua the respondent nos.1
and 2, no appearance has been entered. Looking at the
grounds raised in the appeal, the present appeal was admitted
NEUTRAL CITATION
C/FA/262/2022 JUDGMENT DATED: 09/07/2025
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by the Coordinate Bench vide order dated 4 th July, 2022 and
the impugned judgment and award was stayed on condition of
deposit of entire awarded amount. The appropriate directions
with regard to the disbursement were issued in terms of the
impugned judgment and award passed by the Tribunal.
3. Learned advocate for the appellant - insurance company
at the outset has submitted that the only issue, which has
been raised for consideration of this Court in the present
appeal is the negligency of the driver of the tractor. The
attention of this Court was invited to the findings and reasons
assigned by the Tribunal while examining the issue of
negligence. Learned advocate had pointed-out the manner in
which the accident had taken place. According to the learned
advocate for the appellant, the driver of the tractor had not
taken adequate care while driving the vehicle and had not
followed the traffic rules. This has resulted into the accident.
It was also submitted that though the Tribunal has recorded
that the Investigating Officer has filed charge-sheet against
the driver of the Accent car after detailed investigation,
however, the Tribunal has failed to appreciate the
investigation case papers in right perspective. It was
therefore submitted that the issue of negligence requires to
be reexamined in light of the evidence produced on record.
4. Learned advocate for the respondents - original
claimants has submitted that the Tribunal after examining the
FIR Exh.35, Panchnama of scene of offence Exh.36, counter
charge-sheet at Exh.37 has thereafter answered the issue of
negligence against the driver of the opponent no.1 - Accent
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C/FA/262/2022 JUDGMENT DATED: 09/07/2025
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car. He has therefore submitted that no error can be found
with the approach of the Tribunal in arriving at the
conclusion.
5. Having heard the learned advocates for the respective
parties and having examined their submissions in light of the
evidence produced on record, on appreciation of the FIR at
Exh.35, panchnama of scene of offence at Exh.36 and the
counter charge-sheet produced at Exh.37, it transpires that
the collision between two vehicles had taken place in a
manner whereby the rear portion of the tractor was hit by the
Accent car. In the complaint, it is stated that the driver of the
car was driving the vehicle in speed, rash and negligent
manner, which had resulted into collision at the rear portion
of the tractor. The FIR has been lodged by witness Lakhabhai
Jodhabhai, who is an injured eye witness to the accident.
Copy of the panchnama produced on record at Exh.37
corroborates the aforesaid fact, more particularly noticing the
damage caused to the tractor and the body of the Accent car.
The charge-sheet counter produced on record at Exh.36
indicates that at the end of investigation, the police has
opined that the driver of the car was driving the vehicle in
rash and negligent manner for which offence punishable
under Section 279 and 304 Part-A of the Indian Penal Code
and Section 177, 184 and 134 of the Motor Vehicles Act, 1988
has been filed.
6. Having appreciated the aforesaid documents in light of
the submissions made by the learned advocate for the
appellant - insurance company and the decision of the
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C/FA/262/2022 JUDGMENT DATED: 09/07/2025
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Hon'ble Supreme Court in case of Nishan Singh & Ors. Vs.
Oriental Insurance Co. Ltd., 2018 (6) SCC 765, wherein the
Hon'ble Supreme Court on appreciation of the facts of the
case, noticing the pleadings and proof wherein it has
transpired that the collision of car had taken place into rear
end of the tractor resulting into the death of one of the
passenger in the car. The Hon'ble Supreme Court held that
the car did not maintain sufficient distance from the tractor,
which has resulted into the occurrence of accident, more
particularly holding that it amounts to rash and negligent
driving by the driver of the car. Having noticed the aforesaid
decision, in light of the facts of the present case on hand,
admittedly the collision between two vehicles had taken place
at the rear end of vehicle going ahead of the offending vehicle.
7. Noticing the evidence brought on record, it can be
concluded that the cause of the collision was due to not
maintaining sufficient distance from the vehicle going ahead.
In the opinion of this Court, no error can be found with the
approach of the Tribunal holding the driver of the Accent car
solely negligent for the occurrence of the accident. Hence,
the present appeal is not entertained and is hereby
dismissed. No order as to costs. R. & P. be send back
forthwith.
8. Pursuant to the order dated 4 th July, 2022 passed by this
Court directing the disbursement of 30% amount of
compensation and investment of 70% of the deposited of
awarded amount, in view of the dismissal of the present
appeal, the stay granted by this Court stands vacated.
NEUTRAL CITATION
C/FA/262/2022 JUDGMENT DATED: 09/07/2025
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The Tribunal shall be at liberty to proceed with the
disbursement of the entire awarded amount including the
amount invested in the Fixed Deposit in favour of the claimant
subject to due verification. The appropriate exercise may be
undertaken by the Tribunal preferably within a period of three
weeks from the date of receipt of this order.
Sd/-
(NISHA M. THAKORE, J.)
AMAR RATHOD...
