[Cites 0, Cited by 0]
Gujarat High Court
Rasikbhai Vaghjibhai Vaghasiya vs Vrujlal Ramjibhai Vadaliya on 23 April, 2026
NEUTRAL CITATION
C/FA/2445/2012 JUDGMENT DATED: 23/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2445 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
==========================================================
Approved for Reporting Yes No
==========================================================
RASIKBHAI VAGHJIBHAI VAGHASIYA
Versus
VRUJLAL RAMJIBHAI VADALIYA & ANR.
==========================================================
Appearance:
MR TUSHAR L SHETH(3920) for the Appellant(s) No. 1
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 2
MR. RUSHANG D MEHTA(6989) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 23/04/2026
JUDGMENT
1. The captioned appeal has been preferred against the impugned
judgment and award dated 30.03.2012 passed by the learned Motor
Accident Claims Tribunal (Aux.) at Junagadh, in M.A.C.P. No. 592 of
2003, whereby the Claim Petition preferred by the original
claimant/appellant herein was dismissed.
2. The succinct facts, which led to the filing of the captioned appeal,
as explained by the learned Counsel for the claimant and as narrated in
the Claim Petition are summarized as under:-
i. On 13.01.2003 at around 08:00 p.m., original
NEUTRAL CITATION
C/FA/2445/2012 JUDGMENT DATED: 23/04/2026
undefined
claimant/appellant herein - Mr. Rasikbhai Vaghjibhai
Vaghasiya was travelling in his motorcycle. In the
meantime, the driver of the motorcycle bearing
registration No.GJ-3-LL-8193 came in a rash and
negligent manner and at an excessive speed and dashed
with the motorcycle on which the claimant was travelling,
thereby causing the vehicular accident. The claimant
sustained grievous bodily injuries in the said vehicular
accident.
ii. It is the case of the original claimant/appellant herein
before the learned Tribunal that at the time of the
vehicular accident, he was aged about 43 years and was
doing the business of chemicals, thereby earning
Rs.7,000/- per month. Therefore, the original
claimant/appellant herein preferred the Claim Petition
before the learned Tribunal seeking compensation on
account of the injuries sustained in the vehicular
accident..
iii. Having been served with the notices/summons of the
Claim Petitions, original opponent No.2/respondent No.2
herein - Insurance Company filed its Written Statement,
thereby denying the averments made in the Claim
Petition, and prayed for dismissal of the Claim Petition.
iv. Having considered the evidence on record, and having
considered the submissions of the learned counsels for
NEUTRAL CITATION
C/FA/2445/2012 JUDGMENT DATED: 23/04/2026
undefined
the parties, the learned Tribunal had rejected the claim
petition preferred by the original claimant/appellant
herein.
v. Being aggrieved and dissatisfied with the impugned
judgment and award, the original claimant/appellant
herein have preferred the captioned appeal challenging
the findings returned by the learned Tribunal in the
impugned judgment and award.
3. Heard learned counsels for the parties.
4. At the outset, learned counsels appearing on behalf of the parties
jointly submitted that considering the findings returned by the learned
Tribunal, the matter may be remanded back to the learned Tribunal
without entering into the merits of the case.
5. It prima facie appears that there is sufficient evidence on record,
i.e., the statement of the accused himself and the charge-sheet has
been filed against the rider of the offending motorcycle bearing
registration No.GJ-3-LL-8193, viz., Mr. Vipulbhai Patel, to prove the
involvement of the offending vehicle in the accident in question. Thus,
ample evidence is on record regarding the involvement and negligence
of Mr. Vipulbhai Patel, who is the rider of the offending motorcycle.
Thus, in view of the evidence available on record and the joint
submissions made by the learned counsel for the parties, the matter is
remanded back to the learned Tribunal to decide the issue of quantum.
6. In view of the submissions made by the learned counsels
NEUTRAL CITATION
C/FA/2445/2012 JUDGMENT DATED: 23/04/2026
undefined
appearing on behalf of the parties, the impugned judgment and award
is quashed and set aside and the matter is remanded back to the
learned Tribunal concerned, to decide the issue of quantum afresh. The
learned Tribunal is not required to enter into the issue of involvement of
the vehicle.
7. It is expected from the learned Tribunal that the learned Tribunal
shall deal with the matter expeditiously. The learned advocate for the
respective parties are directed to cooperate the learned Tribunal for
early disposal of the matter.
8. Statutory amount, if any, lying deposited with the Registry of this
Court shall be transmitted to the learned Tribunal concerned forthwith.
Records & Proceedings, if any be sent to the learned Tribunal
concerned. No order as to costs.
9. Pending application, if any, stands disposed of, accordingly.
(MOOL CHAND TYAGI, J)
ARUN
