COMMANDANTversusALIMAMAD IBRAHIM SAMA

     C/FA/1593/2022                              JUDGMENT DATED: 04/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1593 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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            Approved for Reporting               Yes          No

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                           COMMANDANT & ANR.
                                 Versus
                      ALIMAMAD IBRAHIM SAMA & ANR.
==========================================================
Appearance:
MR ANKIT SHAH(6371) for the Appellant(s) No. 1,2
MS AISHWARYA H CHAUDHARY(11539) for the Defendant(s) No. 1
RULE UNSERVED for the Defendant(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 04/02/2026
                             ORAL JUDGMENT


1.     This appeal has been preferred by the appellant against the
judgment and award dated 23.09.2021 passed by the Motor
Accident Claims Tribunal (Aux.), Kachchh in MACP No.403 of
2010.


2.     Heard learned advocates for the respective parties.


3.     The brief facts giving rise to the present case are that on
the fateful day, the applicant was riding his motorcycle bearing
No. GJ-12-AB-6456 carefully and on the correct side of the road.
When he reached the place of accident, opponent No.1, driving
Maruti Gypsy No. RJ-19-IC-3528 in a rash and negligent


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     C/FA/1593/2022                         JUDGMENT DATED: 04/02/2026




manner and without due regard for the safety of other road
users, lost control over the vehicle and dashed against the
applicant’s motorcycle, thereby causing the accident. As a result,
the applicant sustained grievous injuries on various parts of his
body, as stated in the petition, and suffered permanent and total
disability, which occurred solely due to the rash and negligent
driving of opponent No.1, the driver of the offending vehicle.


4.     Ms. Zeel Raval, learned advocate appearing for Mr. Ankit
Shah, learned advocate for the appellant, submitted that in the
present case the driver of the offending vehicle did not possess a
valid driving licence and that, before the learned Tribunal, the
claimant had admitted that he did not have the requisite driving
licence at the relevant point of time. Hence, the appellant is not
liable to pay compensation and has requested that the appellant
be exonerated from making such payment. It was further
submitted that the MACP was filed before the Tribunal after a
delay of five years and, therefore, the present appeal deserves to
be allowed.


5.     On the contrary, learned advocate appearing for the
respondent has strongly opposed the appeal and submitted that
the learned Tribunal has rightly awarded just and proper
compensation in view of the evidence available on record. It was
contended that the judgment and award passed by the Tribunal
are based on proper appreciation of evidence, and hence, no
interference is called for. Accordingly, it was prayed that the
appeal be dismissed.



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6.     Having heard the learned advocates for the respective
parties and having gone though the record, it appears that the
incident took place in the year 2005 and, in that regard, an
offence was registered with the Khavda Police Station being C.R.
No.16 of 2005. The appellant appeared before the learned
Tribunal and produced evidence at Exhibit 42, and opponent
No.1 tendered evidence at Exhibit 57. The charge-sheet against
the driver of the offending vehicle was produced at Exhibit 47,
the FIR at Exhibit 48, the panchnama at Exhibit 49, the MLC
Certificate and Injury Certificates at Exhibits 50 and 51, the
disability certificate at Exhibit 52, the case papers of the General
Hospital at Exhibit 53, the discharge card at Exhibit 54, and the
medical bills at Exhibit 55.


7.     Upon           perusal   of   the    panchnama     and     the     cross-
examination of the claimant, nothing emerges to suggest that the
driver of the offending vehicle was not negligent or that Maruti
Gypsy No. RJ-19-IC-3528 was not driven negligently. Before the
learned Tribunal, no defence regarding the driving licence was
raised and, to prove such defence, no witness was examined.
Even such an additional ground has been taken for the first time
before this Court in the present appeal. It is trite law that he who
asserts must prove the fact, and the learned Tribunal has rightly
held opponent No.1 negligent and fastened liability upon the
present appellant.


8.     It appears that the learned Tribunal has rightly considered
the income of the claimant at Rs.3,000/- per month after

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         C/FA/1593/2022                                                 JUDGMENT DATED: 04/02/2026




   appreciating the evidence on record. After considering the MLC
   certificate at Exhibit 50, which shows fracture of the right finger,
   and the disability certificate at Exhibit 52, the learned Tribunal
   awarded just and proper compensation by assessing permanent
   disability at 15% and granting future prospects in light of the
   decision of the Supreme Court in National Insurance Co. Ltd.
   v. Pranay Sethi, (2017) 16 SCC 680. The learned Tribunal has
   also correctly applied the appropriate multiplier having regard to
   the age of the claimant and, in total, awarded compensation of
   Rs.1,94,000/-. No error has been committed by the learned
   Tribunal and, even otherwise, considering the modest quantum
   involved, no case is made out to interfere with the impugned
   judgment and award or to disturb the findings and reasons
   recorded by the learned Tribunal.


   9.       On overall appreciation of the evidence on record, the
   compensation awarded by the learned Tribunal appears to be
   just and proper, which calls for no interference by this Court.
   Accordingly, the appeal, being devoid of merits, deserves
   dismissal and is hereby dismissed. If any amount is lying
   deposited before this Court, the same shall be transmitted to the
   learned Tribunal forthwith. No order as to costs. The Registry is
   directed to return the Record & Proceedings, if any, to the
   learned Tribunal forthwith.



                                                                      (HASMUKH D. SUTHAR,J)
   ALI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 04/02/2026 16:58:48




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