RAMESHBHAI NANABHAI VAGADIYAversusBALVINDERSINH @ MANSINH HARIJAN
44-PARTLY ALLOWED @ FH
The appellant, Rameshbhai Vagadiya, was injured in a 2008 motor vehicle collision and claimed Rs.8,00,000 in compensation. The Motor Accident Claims Tribunal awarded only Rs.2,13,000, assessing his pre‑accident income at Rs.3,000 per month and rejecting claims for future loss of earnings due to lack of proven functiona…
ALKABEN JAGDISHBHAI CHAUHANversusCHENVA DILIPBHAI ISHWARBHAI
53-ALLOWED / GRANTED @ ADM.STAGE
The High Court of Gujarat heard a civil application for condonation of delay and several connected first appeals filed by Alkaben Jagdishbhai Chauhan and others against Chenva Dilipbhai Ishwarbhai and others. The applicants' counsel failed to appear despite the matter being called out multiple times in two sessions. Th…
BAKABHAI FATESINH SOLANKIversusSHABBIR NATHUBHAI SHAIKH
44-PARTLY ALLOWED @ FH
The appellant, Bakabhai Fatesinh Solanki, was injured when a truck driven by respondent No.1 collided with his rickshaw in 2017, resulting in 64% permanent disability. He claimed Rs.7,00,000 compensation before the Motor Accident Claims Tribunal (Auxiliary), Kheda, which awarded a lower amount, failing to consider futu…
DIPTIBEN RAJENDRABHAI BHATT (LHS-LRS OF LATE RAJENDRABHAI AMRUTBHAI BHATT)versusKISHORBHAI BHIKHABHAI PATEL
38-RULE ABSOLUTE/ALLOWED @ FH
On 22 November 2018 a motorcar driven at excessive speed collided with a camel‑cart, killing the driver, Rajendrabhai Amrutbhai Bhatt. The claimants filed a motor accident compensation claim and the Motor Accident Claims Tribunal awarded Rs 24,69,555, assessing the deceased's annual income at Rs 2,83,644. The appellant…
LATABEN WD/O JIGARBHAI DAMORversusRASULBHAI VARIYABHAI MAVI
44-PARTLY ALLOWED @ FH
The appellants filed a first appeal under Section 173 of the Motor Vehicles Act, 1988 against the award of the Motor Accident Claims Tribunal (Main), Dahod dated 03‑10‑2024 in a claim arising from the death of Jigarbhai Manglabhai Damor in a road accident on 07‑11‑2016. The High Court examined the quantum of compensati…
VIPULBHAI ASHOKBHAI BAROTversusDEVJIBHAI LAXMANBHAI CHAUDHARY
44-PARTLY ALLOWED @ FH
The appellants, legal heirs of Neelamben who died after being struck by an Eeco car on 3 March 2021, appealed a Motor Accident Claims Tribunal award that reduced compensation by 25% on the ground of contributory negligence and fixed the amount at Rs.9,40,000. The High Court examined the evidence, including eyewitness s…
UNITED INDIA INSURANCE CO. LTD.versusTHAKOR CHELAJI NATHAJI
47-DISPOSAL IN ANY OTHER MODE FH
United India Insurance Co. Ltd. filed a first appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.4,36,167 to the victims of a road accident. The High Court examined the appeal but noted that the amount involved was modest. Consequently, the Court dismissed…
UNION OF INDIA, CENTRAL RESERVE POLICE FORCE (CRPF)versusTEJALBEN HIMANSHUBHAI PARASIYA
39-RULE DISCHARGED/DISMISSED @ FH
The case arose from a motor accident on 15‑12‑2008 in which the deceased Himanshu Parasiya was killed when a Mazda driver entered the road from the wrong side and collided with his motorcycle. The deceased’s family filed a Motor Accident Claim (MAC) petition and the trial tribunal awarded compensation on various heads,…
THE NEW INDIA ASSURANCE COMPANY LTD.versusGEETABEN NANLABHAI RATHVA
39-RULE DISCHARGED/DISMISSED @ FH
The New India Assurance Company challenged the Motor Accident Claims Tribunal, Chhotaudepur award dated 28.03.2024 in MACP No.83/2021, which partly allowed the claim under Section 166 of the Motor Vehicles Act, 1988 and awarded Rs.15,82,000 to the claimants. The insurer contended that the motorcycle was driven by the o…
HASMUKHBHAI RATILAL THAKKARversusSWETKUMAR NEPALBHAI BHOI DELETED VIDE EX 35
44-PARTLY ALLOWED @ FH
The appellants challenged the award of compensation dated 22‑12‑2021 by the Motor Accident Claims Tribunal, alleging that the Tribunal erred in assessing the deceased’s future income, multiplier, and interest. The deceased, a 21‑year‑old engineering student, died in a road accident on 21‑02‑2010. The Tribunal had fixed…
UNITED INDIA INSURANCE COMPANY LTDversusARVINDBHAI CHATURBHAI THAKOR
47-DISPOSAL IN ANY OTHER MODE FH
The United India Insurance Company Ltd filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,57,833 to the road accident victim. The High Court examined the appeal but, noting the modest quantum of compensation, chose to dispose of the appeal solel…
UNITED INDIA INSURANCE COMPANY LTDversusDAMJIBHAI CHANABHAI SAKARIYA
47-DISPOSAL IN ANY OTHER MODE FH
The United India Insurance Company Ltd filed a First Appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,60,800 to the road‑accident victims. The High Court examined the appeal but, noting that the compensation amount was relatively small, chose to dispose of …
SBI GENERAL INSURANCE COMPANY LIMITEDversusHABIBKHAN CHUTTANKHAN PATHAN DELETED
47-DISPOSAL IN ANY OTHER MODE FH
The State Bank of India General Insurance Company appealed under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.3,82,880 to a road accident victim. The High Court examined the appeal but noted that the compensation amount was modest. Consequently, the Court disposed of …
RATNIBEN WD/O NAVINBHAI SAVLABHAIversusHIMMATBHAI LALABHAI GOHIL
38-RULE ABSOLUTE/ALLOWED @ FH
The appellants, legal heirs of the deceased Navinbhai Mavi, appealed a Motor Accident Claims Tribunal award of Rs 6,10,000 on the ground that the quantum of compensation was insufficient. The High Court examined the calculation of future loss of dependency, loss of estate, funeral expenses and loss of consortium, apply…
RAVJIBHAI RUPSINH THAKOR DELETED AS EXPIREDversusUSMANBHAI ABDULBHAI VORA
44-PARTLY ALLOWED @ FH
The appellants, the deceased's family, appealed a Motor Accident Claims Tribunal award of Rs 7,65,000 in a 2011 road accident that killed Nileshbhai Ravjibhai Thakor. The High Court held that the Tribunal erred in assessing the deceased's monthly income at Rs 3,000, applying an incorrect multiplier of 15, and in granti…
MANSUKHBHAI KEHJIBHAI NINAMAversusSHANUBHAI RUMALBHAI AMALIYAR
44-PARTLY ALLOWED @ FH
The appellants, victims of a motor accident involving a tempo on 1 April 2019, challenged the award of the Motor Accident Claims Tribunal (Aux.) Dahod under Section 173 of the Motor Vehicles Act, 1988. They contended that the Tribunal erred in assessing their disability—assigning 50% physical disability instead of 85% …
METABEN MANSUKHBHAI NINAMAversusSHANUBHAI RUNALBHAI AMALIYAR
44-PARTLY ALLOWED @ FH
The appellants, victims of a motor accident involving a tempo on 1 April 2019, challenged the award of the Motor Accident Claims Tribunal (Aux.) Dahod under Section 173 of the Motor Vehicles Act, 1988. They contended that the Tribunal erred in assessing their disability—assigning 50% physical disability instead of 85% …
INDRASINH PATHUBHA JADEJAversusDUSHYANTSINH ANIRUDDHSINH JADEJA
44-PARTLY ALLOWED @ FH
The appellants filed a first appeal under Section 173 of the Motor Vehicles Act, 1988 against the Motor Accident Claims Tribunal’s award of Rs.19,46,400 in a 2019 fatal accident case. They argued that the Tribunal erred by not accounting for the deceased’s total monthly income of Rs.14,500 and by applying only a 40% fu…
MAKVANA HARGOVANBHAI TEJABHAIversusKUMBHAR PRAKASH SOMABHAI
44-PARTLY ALLOWED @ FH
The appellants, who were the legal heirs of the deceased Amitkumar Hargovanbhai Makvana, appealed a Motor Accident Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988, alleging miscalculation of the deceased's monthly income, loss of future dependency, loss of estate, funeral expenses and loss of co…
GUJARAT STATE ROAD TRANSPORT CORPORATIONversusVITTHALBHAI SHANKARBHAI RATHOD
26-DISMISSED @ ADM.STAGE
The accident occurred on 23 February 2015 when a bus driven at excessive speed collided with a motorcycle, throwing the pillion rider, the claimant, who sustained grievous injuries. The claimant later died of natural causes on 6 November 2023, and his legal heirs pursued compensation. The Motor Accident Claims Tribunal…
NEMICHAND MADANJI PRAJAPATIversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
Nemichand Madanji Prajapati and another filed a criminal miscellaneous application seeking condonation of a 93‑day delay in filing a restoration application (SCR.A No. 4900/2025) in the main criminal matter. The respondents, the State of Gujarat, opposed the condonation. The Court examined the averments made in the app…
GUJARAT STATE ROAD TRANSPORT CORPORATIONversusBALOCH UMARKHAN CHANUKHAN
39-RULE DISCHARGED/DISMISSED @ FH
The Gujarat State Road Transport Corporation (GSRTC) appealed a Motor Accident Claims Tribunal award concerning a 2015 road accident in which a bus driver collided with a motorcyclist, Mahammadkhan Umarkhan Baloch, who later died. GSRTC argued that the Tribunal erred by not attributing contributory negligence to the de…
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusMOHMADNAEEM MOHMADJAHAR SAIYED
39-RULE DISCHARGED/DISMISSED @ FH
The insurance company filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.3,04,227 to the victims of a road accident. The High Court examined the appeal but, noting that the amount involved was modest, chose to dispose of the appeal solely on the g…
JASHIBEN WD/O AMAJI SAIDHAJI THAKORversusSHABBIRBHAI RAHEMANBHAI VORA
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 185‑day delay in filing their first appeal. The respondents did not appear before the court. The petitioners argued that the delay was caused by genuine reasons and not by any dilatory intent. The court examined the prin…
PARSOTTAMBHAI PRATAPBHAI PATELversusSURESHKUMAR MANGARAMBHAI THAKKAR
44-PARTLY ALLOWED @ FH
The appellant, Parsottambhai Pratapbhai Patel, was injured in a road accident on 06‑01‑2020 and filed a Motor Accident Claim (MAC) petition. The Motor Accident Claims Tribunal awarded compensation based on a monthly income of Rs 8,070, without applying the prevailing minimum‑wage rate or future‑prospect earnings. The a…
DINESHKUMAR KANJIBHAI PATELversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioner filed a criminal miscellaneous application seeking restoration of Special Criminal Application No. 17915 of 2025, which had been dismissed for non‑prosecution due to the failure to remove office objections. The respondent, the State of Gujarat, opposed the restoration. The court examined the petitioner's…
HARUNBHAI VALIBHAI BAREJIYAversusCOLLECTOR OF RAJKOT
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed a criminal miscellaneous application seeking restoration of Special Criminal Application No.1310 of 2025, which had been dismissed for non‑prosecution. The respondents opposed the restoration. The court examined the averments made in the petition and considered the principle of giving a final oppo…
ARVINDBHAI SOMABHAI ROHITversusKANABHAI HIRABHAI PAGI
44-PARTLY ALLOWED @ FH
The deceased Gaurangkumar Arvindbhai Rohit was fatally injured when a luxury bus collided with his motorcycle on 9 October 2018. The Motor Accident Claims Tribunal awarded him a compensation of Rs.15,89,000, which the claimants appealed on the ground of quantum under Section 173 of the Motor Vehicles Act, 1988. The Hig…
SONALBEN JASHWANTSINH SODHAPARMARversusBHARATBHAI BHURABHAI PATEL
38-RULE ABSOLUTE/ALLOWED @ FH
The appellant, a 26‑year‑old rickshaw passenger, was injured in a 2023 accident caused by the negligent driver of a rickshaw owned by the first respondent. The Motor Accident Claims Tribunal awarded her Rs 6,69,900, using a monthly income of Rs 7,500 despite the prevailing minimum wage of Rs 12,000 for unskilled worker…
MADHUBEN WD/O NARENDRASINHversusHIMMATSINH DHIRSINH BARIA
44-PARTLY ALLOWED @ FH
The appellants filed a motor accident claim after the death of Narendrasinh Prabhatsinh Chauhan, who was struck by a tractor on 5 March 2019. The Motor Accident Claims Tribunal awarded compensation but assessed the deceased’s monthly income at Rs 3,500, ignoring the prevailing minimum wage and the deceased’s actual ear…
SANJAYBHAI SOMABHAI TADVIversusKAMLESHBHAI NAGINBHAI VASAVA
44-PARTLY ALLOWED @ FH
The appellant, a conductor in an Eicher truck, suffered grievous injuries to both legs in a 2016 road accident caused by the negligent driver of the truck. The Motor Accident Claims Tribunal awarded him Rs 11,59,100 as compensation, which the appellant challenged on the grounds that the quantum was insufficient, the di…
JAYESHKUMAR SIRILBHAI PARMARversusNAGINBHAI PARSOTTAMBHAI ROHIT
44-PARTLY ALLOWED @ FH
The appellant, injured in a road accident on 4 October 2019, appealed the Motor Accident Claims Tribunal's award under Section 173 of the Motor Vehicles Act, 1988, alleging errors in income assessment, omission of future prospective earnings, and inadequate compensation for pain, shock and suffering. The High Court exa…
ORIENTAL INSURANCE CO LTDversusISHWARBHAI MELABHAI BHAT
47-DISPOSAL IN ANY OTHER MODE FH
The Oriental Insurance Co. Ltd filed a first appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.3,56,500 to the road accident victim. The High Court examined the judgment and noted that the amount involved was small and meagre. It held that the compensatio…
THE UNITED INDIA INSURANCE COMPANY LIMITEDversusRAJESHBHAI ALIAS RAJUBHAI RAMANBHAI PATEL
44-PARTLY ALLOWED @ FH
The deceased was killed in a motor accident caused by a negligent trailer driver, and the claimants filed a petition under Section 166 of the Motor Vehicles Act. The Motor Accident Claims Tribunal awarded a total compensation of Rs.10,90,000, including Rs.2,50,000 for loss of love and affection and a 20% uplift on loss…
NATIONAL INSURANCE COMPANY LIMITEDversusMANUBA GEMALSANG ALIAS GEMALSINH RANA
47-DISPOSAL IN ANY OTHER MODE FH
The National Insurance Company Limited appealed under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.3,67,116 to the victims of a road accident. The appeal challenged the judgment and award dated 23 February 2022. The High Court examined the appeal and noted that the am…
THE ORIENTAL INSURANCE CO. LTD.versusMAHENDRABHAI MAGANBHAI @ NANABHAI PATEL
47-DISPOSAL IN ANY OTHER MODE FH
The Oriental Insurance Co. Ltd. filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.3,15,720 to the road‑accident victim. The High Court examined the appeal and noted that the quantum of compensation was modest. Relying solely on the smallness…
THE NATIONAL INSURANCE COMPANY LTDversusSHATISHBHAI JAYANTIBHAI CHHAG
39-RULE DISCHARGED/DISMISSED @ FH
The National Insurance Company Ltd appealed a Motor Accident Claims Tribunal award of Rs.7,86,788 granted to Shatishbhai Jayantibhai Chhag, alleging the Tribunal erred by holding the car driver solely negligent, ignoring contributory negligence, and by improperly assessing the claimant's income. The High Court examined…
VAJID @BHURA IKRAM KURESHIversusSTATE OF GUJARAT
38-RULE ABSOLUTE/ALLOWED @ FH
Vajid @Bhura Ikram Kureshi, arrested on 20‑Dec‑2023, was charged under multiple IPC offences, the Arms Act and the Gujarat Police Act for an alleged armed robbery and assault. He applied for regular bail under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023, claiming false implication and no direct evidence a…
RELIANCE GENERAL INSURANCE CO LTDversusBHAVNABEN MORARIDAS GONDALIYA
39-RULE DISCHARGED/DISMISSED @ FH
These two appeals were filed by Reliance General Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act, 1988 against the common judgment and awards dated 27.12.2021 passed by the Motor Accident Claims Tribunal (Special), Rajkot in MACP Nos. 1630/2015 and 1631/2015. The accident occurred on 10.09.2015 when a du…
RELIANCE GENERAL INSURANCE CO LTDversusKAILASHBEN MANCHHARAM GONDALIYA
39-RULE DISCHARGED/DISMISSED @ FH
These two appeals were filed by Reliance General Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act, 1988, challenging the Motor Accident Claims Tribunal's awards dated 27.12.2021 in MACP Nos. 1630/2015 and 1631/2015. The claims arose from an accident on 10.09.2015 in which a dumper fell into a stone mine, …
SHRIRAM GENERAL INSURANCE CO. LTD.versusVAJSHIBHAI AALABHAI GODHANIYA
53-ALLOWED / GRANTED @ ADM.STAGE
Shriram General Insurance Co. Ltd. filed an application under Section 5 of the Limitation Act seeking condonation of a 72‑day delay in filing its first appeal. The respondents, Vajshibhai Aalabhai Godhaniya & Ors., did not appear. The applicant argued that the delay was due to genuine reasons and not a dilatory tactic.…
UNITED INDIA INSURANCE CO. LTD.versusRAMBABU RAMPUJAN THAKUR
39-RULE DISCHARGED/DISMISSED @ FH
The Motor Accident Claims Tribunal awarded Rs 5,29,782 to the claimants and ordered United India Insurance Co. Ltd. to pay the amount and later recover it from the driver/owner of the offending truck. The insurer appealed, arguing that the driver had no licence and that the insurance policy was breached, so it should b…
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusBAKABHAI DALABHAI ALIAS DALUBHAI RATHVA
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant, Bajaj Allianz General Insurance Co. Ltd., filed an application under Section 5 of the Limitation Act seeking condonation of a 523‑day delay in filing its first appeal. The respondents did not appear. The court examined the applicant’s explanation, finding it bona fide and free of mala‑fide or dilatory in…
KALPESHBHAI NANABHAI BARIA @ SOLANKIversusMUKESHBHAI DHANABHAI DAMOR
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant, Kalpeshbhai Nanabhai Baria, filed an application under Section 5 of the Limitation Act seeking condonation of a 267‑day delay in filing a first appeal. No respondents appeared despite being served. The applicant argued that the delay was due to genuine reasons and not a dilatory tactic. The Court examine…
AMRUTSINH MADHAJI CHAUHANversusJOSHI MAULIK MUKESHKUMAR
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 195‑day delay in filing their First Appeal. The respondents did not appear. The court examined the petitioners' explanation, finding it bona fide and free of mala fide or dilatory intent. Emphasising the liberal approach…
DEVIBEN VASANBHAI SONARAversusMAHDEVA HIRABHAI SONARA
53-ALLOWED / GRANTED @ ADM.STAGE
This is a civil application filed under Section 5 of the Limitation Act seeking condonation of 298 days' delay in filing the accompanying First Appeal. The applicants are Deviben Vasanbhai Sonara & Ors., and the respondents are Mahdeva Hirabhai Sonara & Ors. Though respondent Nos. 1 and 2 were served, none appeared for…
JANABEN JORSINGBHAI DAMORversusKESARSINH RUPSINH SOLANKI
38-RULE ABSOLUTE/ALLOWED @ FH
The appellants, heirs of Jorsingbhai Harsingbhai Damor who died in a motor accident on 15‑10‑2016, appealed the Motor Accident Claims Tribunal’s award of Rs 9,77,200 under Section 173 of the Motor Vehicles Act, 1988, alleging errors in assessing the deceased’s income, loss of consortium, loss of estate and funeral expe…
ORIENTAL INSURANCE COMPANY LIMITEDversusMINABEN WD/O NILESHBHAI RASUBHAI DINDOR
53-ALLOWED / GRANTED @ ADM.STAGE
The Oriental Insurance Company Limited filed an application under Section 5 of the Limitation Act seeking condonation of an 88‑day delay in filing its First Appeal. The respondents did not appear as notice was not received. The court examined whether the delay was justified and whether it warranted liberal consideratio…
RAVAL LALJIBHAI @ LALITBHAI SHAMBHUBHAIversusDASHRATHBHAI MAFABHAI NADIYA
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 67‑day delay in filing a first appeal. Respondents No.1 and No.2 did not appear, while Respondent No.3 was represented. The court examined the applicant’s explanation and found it to be genuine and not dilatory. Emphasisin…
NATIONAL INSURANCE COMPANY LIMITEDversusMAKANBHAI DAHYABHAI NAKUM
39-RULE DISCHARGED/DISMISSED @ FH
On 17 December 2017 a minor cyclist was killed when a dumper, driven at excessive speed, collided with his bicycle. The Motor Accident Claims Tribunal awarded compensation to the deceased's family and held the insurer, National Insurance Company Ltd., liable under the Motor Vehicles Act. The insurer appealed, arguing t…
KHEMABHAI DALABHAI GAMODversusSURESHBHAI MAVJIBHAI GARASIYA
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners Khemabhai Dalabhai Gamod & Anr filed an application under Section 5 of the Limitation Act seeking condonation of a 790‑day delay in filing their first appeal. The respondents did not appear. The court examined the petitioner's claim of sufficient cause, emphasizing that limitation rules should not defea…
AASHABEN BHARATBHAI SOLANKIversusVISHNUBHAI BHARATBHAI NAYAK
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 290‑day delay in filing their first appeal. No respondents appeared despite service of notice. The petitioners argued that the delay was not deliberate and cited genuine reasons. The court, emphasizing the liberal interp…
AASHABEN BHARATBHAI SOLANKIversusVISHNUBHAI BHARATBHAI NAYAK
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 290‑day delay in filing their First Appeal. The respondents did not appear despite being served. The court examined the petitioner's claim of sufficient cause, emphasizing that limitation rules should not defeat substant…
SANGITABEN HASMUKHBHAI PATELversusSATTAR ALHAM ANSARI
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners sought condonation of a 96‑day delay in filing a first appeal, invoking Section 5 of the Limitation Act. The respondents did not appear. The court examined the petitioner's explanation, finding it bona fide and not dilatory, and emphasized that limitation provisions should be liberally interpreted to ac…
RAKESHKUMAR (RASKESHKUMAR) BHAGWAN RAMversusSTATE OF GUJARAT
38-RULE ABSOLUTE/ALLOWED @ FH
The applicant, Rakesh Kumar Bhagwan Ram, filed a successive regular bail application under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023, in connection with a FIR alleging offences under Sections 178(1), 179, 180, 61 and 54 of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit currency. The applicant…
MEGHVILAL NARAYANLAL SHARMAversusASUBA JASWANTSINH ZALA
38-RULE ABSOLUTE/ALLOWED @ FH
The accident occurred on 21 October 2015 when a car (RJ‑27‑CD‑4506) collided with a tractor, resulting in the death of Jasvantsinh Zala. The Motor Accident Claims Tribunal held the car's owner, Meghvilal N. Sharma, liable and awarded Rs.4,74,844 in compensation. Sharma appealed under Section 173 of the Motor Vehicles A…
RITABEN JASHUBHAI CHAUHANversusSOMABHAI DHULABHAI MALIVAL
44-PARTLY ALLOWED @ FH
The appellants, relatives of Jashubhai Laljibhai Chauhan who died in a road accident involving a tanker on 19-11-2021, appealed a Motor Accident Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988. They contended that the Tribunal erred in assessing the deceased's income, failed to apply minimum wag…
AJAY @ TANVIR BABULAL JAWALEversusNATIONAL INSURANCE COMPANY
47-DISPOSAL IN ANY OTHER MODE FH
The petitioner filed a Special Civil Application under Articles 14, 226, and 227 of the Constitution of India challenging the judgment and order dated 27.09.2024 passed by the Motor Accident Claims Tribunal (Auxi.), Surat in MACMA No.24 of 2024. The petitioner also sought permission to withdraw his part of share from t…
ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusLAHNUBHAI BUDHIYABHAI GAVIT
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant, ICICI Lombard General Insurance Co. Ltd., filed an application under Section 5 of the Limitation Act seeking condonation of a 131‑day delay in filing its first appeal. The respondents did not appear before the court. The learned counsel for the applicant argued that the delay was due to genuine reasons a…
PRATHAMKUMAR HIRENKUMAR PATELversusSALIMKHAN USMANKHAN PATHAN
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 58‑day delay in filing a First Appeal. Although respondents No.3, 4 and 5 were served, they did not appear before the Court. The applicant argued that sufficient cause existed for the delay, while the respondents opposed t…
ZINUBEN BHAGGDABHAI VASAVAversusARPITBHAI RAJENDRABHAI RAJPURA
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 126‑day delay in filing their first appeal. They contended that the delay was caused by reasons set out in the application and was not deliberate. The respondents opposed the application, arguing that no sufficient cause…
KEYURBHAI VITTHALBHAI PATELversusRAMILABEN BHUPATBHAI SOLANKI (DELETED)
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 211‑day delay in filing a first appeal. Respondent No.4 did not appear before the court. The applicant’s counsel argued that the delay was due to genuine reasons and not deliberate, while the respondents opposed the condon…
SANTOSHKUMAR BHASKAR SWAIversusTILAKRAJ MAHERCHAND
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 53‑day delay in filing a first appeal. The applicant argued that the delay was due to genuine reasons and not a result of mala‑fide or dilatory tactics. The respondents opposed the condonation. The court examined the submi…
RUBINABANU MOHAMMAD IMRAN SODAversusBALVANTBHAI LADUBHAI GAMAR
53-ALLOWED / GRANTED @ ADM.STAGE
The applicants filed an application under Section 5 of the Limitation Act seeking condonation of a 149‑day delay in filing their First Appeal. Although respondents No.2 and No.4 were served, they did not appear before the Court. The applicants argued that they had sufficient cause for the delay and that no mala‑fide or…
NISHABEN KAMLESHBHAI PARMARversusJAGMALBHAI MAHADEVBHAI RABARI
53-ALLOWED / GRANTED @ ADM.STAGE
The applicants filed an application under Section 5 of the Limitation Act seeking condonation of a 334‑day delay in filing their First Appeal. The respondents opposed the application, arguing against condonation. The Court examined the submissions and emphasized that limitation rules should not defeat substantial justi…
BHARATBHAI RUMALBHAI SODHAversusPRASHANTKUMAR DILIPBHAI PATEL
53-ALLOWED / GRANTED @ ADM.STAGE
The applicants filed an application under Section 5 of the Limitation Act seeking condonation of a 66‑day delay in filing their First Appeal. Respondents 1, 2, 4 and 5 did not appear, while respondents 3 and 6 were represented. The court examined the reasons given for the delay and emphasized that limitation rules shou…
GULSHAN AKBARALI KHOJAversusSANJAYKUMAR RAMDEV OZA
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners sought condonation of a 769‑day delay in filing a first appeal, invoking Section 5 of the Limitation Act. Respondents No. 1 and 4 did not appear, while counsel for the petitioners argued that the delay was caused by genuine reasons and not by mala‑fide intent. The Court examined the principle that limit…
FALGUNIBEN HASMUKHBHAI THAKKARversusMOMBHAI VAJABHAI RATHOD
53-ALLOWED / GRANTED @ ADM.STAGE
The applicants filed an application under Section 5 of the Limitation Act seeking condonation of a 326‑day delay in filing their First Appeal. The respondents did not appear before the Court. The learned counsel for the applicants argued that the delay was caused by genuine reasons and not by any dilatory intent. The C…
SURESHBHAI CHAGANBHAI PARMARversusRAMILABEN W/O SURESH CHAGANBHAI PARMAR D/O JAYANTIBHAI PARMAR
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioner sought restoration of Criminal Miscellaneous Application No. 48113 of 2024, which had been dismissed for non‑prosecution due to failure to remove office objections. The court heard arguments from the petitioner’s counsel and the State of Gujarat’s counsel. It held that the application could be reinstated…
JAFAR ALI PIRAKHAN SHAIKHversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
Jafar Ali Pirakhan Shaikh filed a criminal miscellaneous application seeking restoration of his earlier application (No.20800 of 2022) that had been dismissed for non‑prosecution. The applicant argued that the dismissal was premature and requested the court to revive the proceedings. The State of Gujarat opposed the re…
KAILASBA BHARATSINH JADEJAversusSARABJITSINH HEMSINH
53-ALLOWED / GRANTED @ ADM.STAGE
The High Court of Gujarat issued an order directing that any objections, if any, must be removed within two weeks; failure to do so will result in automatic dismissal of the matters without further reference to the Court.…
SANMUKH APPANA MUDUAPPANA RAOversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed several Special Criminal Applications that had been dismissed for non‑prosecution. They sought restoration of these applications. The State of Gujarat opposed the restoration. After hearing both sides, the Court held that the dismissed applications could be restored, provided the proceedings conti…
SUVANTI SANMUKH RAOversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed several Special Criminal Applications that had been dismissed for non‑prosecution. They sought restoration of these applications. The State of Gujarat opposed the restoration. After hearing both sides, the Court held that the dismissed applications could be restored, provided the proceedings conti…
SUVANTI SANMUKH RAOversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed several Special Criminal Applications that had been dismissed for non‑prosecution. They sought restoration of these applications. The State of Gujarat opposed the restoration. After hearing both sides, the Court held that the dismissed applications could be restored, provided the proceedings conti…
SANMUKH APPANA MUDUAPPANA RAOversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed several Special Criminal Applications that had been dismissed for non‑prosecution. They sought restoration of these applications. The State of Gujarat opposed the restoration. After hearing both sides, the Court held that the dismissed applications could be restored, provided the proceedings conti…
MADHUSUDAN SITARAM VYASversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
Madhusudan Sitaram Vyas filed a criminal miscellaneous application under Section 5 of the Limitation Act seeking condonation of a 53‑day delay in filing a restoration application (SCR.A No.10910/2025). The applicant argued that the delay was due to genuine reasons and not deliberate. The State opposed the condonation. …
DHANJIBHAI KISHORBHAI PARMARversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioner, Dhanjibhai Kishorbhai Parmar, filed a criminal miscellaneous application seeking restoration of CR.MA No.8305/2020 but delayed filing by 87 days. The petition was filed under Section 5 of the Limitation Act, requesting condonation of the delay. The respondent opposed the condonation, alleging the delay …
RAJUBEN PAPPUBHAI AMBALIYAversusBALDEVBHAI RANCHHODBHAI SOLANKI
38-RULE ABSOLUTE/ALLOWED @ FH
The appellant Insurance Company appealed the Motor Accident Claims Tribunal's award of Rs.6,25,600 in a claim arising from a 2016 road accident that killed Pappubhai. The High Court held that the Tribunal erred by using the deceased's actual monthly earnings of Rs.6,000 instead of the statutory minimum wage of Rs.7,700…
IFFCO TOKIO GENERAL INSURANCE CO.LTD.versusSANGAR AMADBHAI MUSABHAI
39-RULE DISCHARGED/DISMISSED @ FH
The appellant Iffco Tokio General Insurance Co. appealed against a Motor Accident Claims Tribunal award that held it liable to pay compensation to the deceased's heirs after a 2016 road accident involving a motorcycle and a Bolero. The insurer argued that the driver of the offending vehicle did not possess a valid driv…
BIRJU MOHANBHAI MAKWANAversusHEIRS OF DECEASED RANJANBEN JAYENDRABHAI GAMAR ARJUNBHAI JAYENDRABHAI GAMAR
38-RULE ABSOLUTE/ALLOWED @ FH
The appellant Insurance Company appealed a Motor Accident Claims Tribunal award of Rs.4,40,000 in a 2015 road accident that caused death and injuries. The appellant argued the Tribunal erred by using a notional monthly income of Rs.3,000 instead of the 2015 minimum wage of Rs.7,000 and by adding 25% for future prospect…
UNITED INDIA INS. COM. LTD.versusLATIFA RIJWAN SUNSRA
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant, United India Insurance Company Ltd., filed an application under Section 5 of the Limitation Act seeking condonation of a 45‑day delay in filing its first appeal. The delay was attributed to reasons detailed in the application, and the court noted that the driver and owner of the offending vehicle did not…
BHANUPRASAD VASRAMBHAI PARMARversusKISHORSINH SHANKERBHAI PAGI
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 1902‑day delay in filing a First Appeal. Respondents 1 and 3 were served but did not appear before the Court. The learned advocate for the applicant argued that the delay was caused by genuine reasons and not by any dilato…
AJITBHAI PRANABANDHU SHAMALversusLEGAL HEIRS OF DECEASED KAILASHCHANDRA GANPATBHAI BHATIYA BHATIYA DRAUPADI KAILASHCHANDRA
53-ALLOWED / GRANTED @ ADM.STAGE
The appellant, an insurance company, was not originally joined in a motor accident claim arising from a collision between a bicycle and a motorcycle that resulted in the claimant's death. During the pendency of the claim, the claimant sought to join the insurer as a party opponent, and the Motor Accident Claims Tribuna…
GUJARAT STATE ROAD TRANSPORT CORPORATIONversusSABIHA JAVID BHATTI
53-ALLOWED / GRANTED @ ADM.STAGE
The Gujarat State Road Transport Corporation filed an application under Section 5 of the Limitation Act seeking condonation of an 11‑day delay in filing its first appeal. The respondents did not appear before the Court. The applicant’s counsel argued that the delay was due to genuine reasons and not deliberate. The Cou…
MAGMA GENERAL INSURANCE LIMITEDversusNATVARSINH MATHURBHAI PATEL
53-ALLOWED / GRANTED @ ADM.STAGE
Magma General Insurance Ltd. filed an application under Section 5 of the Limitation Act seeking condonation of a 47‑day delay in filing its First Appeal. The respondents, Natvarsinh Mathurbhai Patel & Ors., opposed the condonation. The Court examined whether the delay was sufficient cause, emphasizing that limitation r…
PREMKUMAR SHIVABHAI PARMARversusMAHAVIR PRASAD MITHULAL TELI
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 48‑day delay in filing a first appeal. Although the respondents were served, they did not appear, and the applicant’s counsel argued that the delay was due to genuine reasons. The respondents opposed the application, alleg…
BHURABHAI LAXMANBHAI SOLANKIversusMAHAVIR PRASAD MITHULAL TELI
53-ALLOWED / GRANTED @ ADM.STAGE
This application was filed under Section 5 of the Limitation Act seeking condonation of 48 days' delay in filing the First Appeal. The applicants are Bhurabhai Laxmanbhai Solanki and another, while the respondents are Mahavir Prasad Mithulal Teli and others. Respondent Nos.1 and 2 were served but did not appear, and re…
THAKOR GOPALBHAI DALPATBHAIversusRAJGOR TEJABHAI RASENGABHAI
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 57‑day delay in filing the First Appeal. The applicant argued that sufficient cause existed for the delay, while the respondents opposed the condonation. The Court emphasized that limitation rules should not defeat substan…
SANGITABEN VIKRAMSINH ZALAversusRIYAZBHAI ANWARBHAI VAHORA
38-RULE ABSOLUTE/ALLOWED @ FH
The appellants, heirs of the deceased Vikramsinh Zala, appealed a Motor Accident Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988, alleging inadequate compensation for loss of estate, funeral expenses, and loss of consortium. The accident involved a collision between the deceased’s truck and two …
VIPULKUMAR POPATBHAI PARMARversusVIPULKUMAR ISHWARBHAI PATEL
38-RULE ABSOLUTE/ALLOWED @ FH
This First Appeal under Section 173 of the Motor Vehicles Act, 1988 challenged the Motor Accident Claims Tribunal (Main), Anand award dated 09.10.2024 in MACP No.318/2018, which partly allowed the claim and awarded Rs.3,68,687/-. The accident occurred on 12.06.2018 when the appellant-claimant, riding a motorcycle, was …
THE NEW INDIA ASSURANCE CO. LTD.versusSATISHBHAI KRISHNAMURTI SHASTRI
47-DISPOSAL IN ANY OTHER MODE FH
The New India Assurance Co. Ltd. filed a first appeal under Section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.2,00,000 in favor of the claimants. No respondent appeared. The High Court noted that the amount involved was small and deemed the award reasonable, choosing to di…
KRISHNABEN W/O NIRAV HARSHADBHAI RAICHURAversusSTATE OF GUJARAT
53-ALLOWED / GRANTED @ ADM.STAGE
Krishnanben, wife of Nirav Harshadbhai Raichura, filed a special criminal application seeking restoration of Special Criminal Application No. 7143 of 2020, which had been dismissed for non‑prosecution. The respondent State of Gujarat opposed the restoration. The learned counsel for the applicant argued that the dismiss…
ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITEDversusRANIBEN RAJABHAI KARMATA
39-RULE DISCHARGED/DISMISSED @ FH
The appellant, ICICI Lombard General Insurance Co., appealed a Motor Accident Claims Tribunal award of Rs 24,48,000 to the claimants, third‑party victims of a road accident. The insurer argued that the vehicle was being used in violation of the policy and the driver lacked a valid licence, seeking exemption from liabil…
MAHEBUB KASAMBHAI BOGHAversusGUJARAT STATE ROAD TRANSPORT CORPORATION
44-PARTLY ALLOWED @ FH
The appellant Mahebub Kasambhai Bogha was injured when a Gujarat State Road Transport Corporation bus ran over his legs on 24 January 2022, resulting in permanent disability. He filed a motor accident claim petition and the Motor Accident Claims Tribunal (Aux.) awarded him Rs.25,00,000, calculating future loss of incom…
RAVAL RAMILABEN WD/O HASMUKHBHAI ISHWARBHAI (LHS OF DECD.RAVAL HASMUKHBHAI ISHWARBHAI)versusRAJPUT RANCHHODBHAI RUDABHAI
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 36‑day delay in filing their first appeal. The respondents did not appear, except for Respondent No.3 who was represented. The petitioners argued that the delay was due to genuine reasons and not a result of mala‑fide or…
SABU BASIRBHAI ISMAILBHAIversusSALIM IBRAHIM KHOTA(FODA)
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 101‑day delay in filing a first appeal. The insurance company respondent did not appear. The applicant’s counsel argued that the delay was due to genuine reasons and not deliberate. The court emphasized that limitation rul…
THE NEW INDIA INSURANCE CO.LTD.versusRAMESHBHAI JAYSUKHLAL VORA
39-RULE DISCHARGED/DISMISSED @ FH
The New India Insurance Co. Ltd. appealed a Motor Accident Claims Tribunal award of Rs.3,61,000 to the brother and niece of a deceased pedestrian who was hit by a rash driver. The insurer argued that the deceased, being over 70, was not entitled to loss of dependency compensation and that the claimants were not depende…
LALITABEN RAMESHBHAI GAMITversusMAHESHBHAI RAMESHBHAI DHOLIYA
53-ALLOWED / GRANTED @ ADM.STAGE
The applicants filed a first appeal 86 days after the prescribed period and applied for condonation of delay under Section 5 of the Limitation Act. The learned advocate for the applicants pleaded that the delay was caused by genuine reasons and not by any dilatory tactics. The court examined whether the delay could be …
KASHIBEN LAXMANBHAI NATversusTARIFKHAN MUSTUFAKHAN BIN SAHABUDDIN MEV (KHAN)
53-ALLOWED / GRANTED @ ADM.STAGE
The applicants filed an application under Section 5 of the Limitation Act seeking condonation of a 12‑day delay in filing their First Appeal. The court noted that the insurance company respondent was not present and considered the applicants' explanation as genuine and not dilatory. Emphasising that limitation rules sh…
TATA AIG GENERAL INSURANCE CO. LTD.versusMALSINGBHAI KALIYABHAI @ KALIYABHAI DAMOR
44-PARTLY ALLOWED @ FH
On 11 March 2013 a motorcycle carrying three minors was struck by an unknown vehicle, resulting in the death of all three occupants. The Motor Accident Claims Tribunal held Tata AIG General Insurance liable and awarded Rs.5,00,000 to the legal heirs of two deceased riders. The insurer appealed, arguing that under Secti…
TATA AIG GENERAL INSURANCE CO. LTD.versusGAVJIBHAI DEVLABHAI DAMOR
44-PARTLY ALLOWED @ FH
On 11 March 2013 a motorcycle carrying three minors was hit by an unknown vehicle, resulting in the death of all three occupants. The legal heirs of two of the deceased filed motor accident claims and the Motor Accident Claims Tribunal awarded Rs.5,00,000 each, holding Tata AIG General Insurance liable. The insurer app…
VIPUL RAMESHBHAI NAKUMversusSTATE OF GUJARAT
40-WITHDRAWN @ FH
Vipul Rameshbhai Nakum filed a criminal miscellaneous application seeking successive regular bail after the filing of a chargesheet. The application was presented before the Hon'ble Justice Hasmukh D. Suthar of the Gujarat High Court. After hearing, the Court indicated it was not inclined to entertain the application. …
JITENDRABHAI HARIBHAI MAKWANAversusGIRISHKUMAR ISHWARBHAI MAKWANA
39-RULE DISCHARGED/DISMISSED @ FH
The claimants sought Rs.75,00,000 compensation for a fatal rickshaw accident that occurred on 25‑01‑2013. The Motor Accident Claims Tribunal awarded Rs.12,65,800 with interest and ordered the insurer to pay the amount and then recover it from the rickshaw owner. The insurer appealed under Section 173 of the Motor Vehic…
TAMUBEN RAJKUBHAI BORICHAversusMEHBUBBHAI ISMAILBHAI PATHAN
38-RULE ABSOLUTE/ALLOWED @ FH
The appellants, legal heirs of a deceased motorist, appealed a Motor Accident Claims Tribunal award that granted Rs.36,40,000 after deducting 20% for contributory negligence of the deceased driver. The accident involved a head‑on collision on a narrow bridge between the deceased’s Wagon‑R car and an Eicher truck, for w…
THE UNITED INDIA INSURANCE CO. LTD.versusGIRISHKUMAR ISHWARBHAI MAKWANA
39-RULE DISCHARGED/DISMISSED @ FH
The deceased was killed in a rickshaw accident on 25‑01‑2013 when a buffalo forced the vehicle to brake and it was rear‑ended. Claimants sought Rs 75,00,000; the Motor Accident Claims Tribunal awarded Rs 12,65,800 with interest and ordered the insurer to pay and then recover from the rickshaw owner. The insurer appeale…
BAJAJ ALLIANZ GENERAL INSURANCEversusNARESH BHANJI MATANG
47-DISPOSAL IN ANY OTHER MODE FH
The insurer, Bajaj Allianz General Insurance, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.2,03,000 to the accident victims. The High Court examined the appeal and noted that the amount involved was modest. It held that the award was just an…
LH OF DECD NILESHBHAI MAHENDRABHAI VASANTversusJIGAR BABUBHAI SHAH
44-PARTLY ALLOWED @ FH
The deceased, Nileshbhai Mahendrabhai Vasant, died from injuries sustained in a motor accident on 1 April 2011. His legal heirs filed a claim petition under the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs 41,05,240. The appellants appealed under Section 173, contending that the Tribunal …
RAM SAVRAJ SHAKHRAversusPUNSHI PALU CHARAN
38-RULE ABSOLUTE/ALLOWED @ FH
The appellant, a 14‑year‑old who suffered a 17% permanent disability in a motor‑vehicle accident on 19‑08‑2013, appealed the Motor Accident Claims Tribunal’s award of Rs 2,04,000 compensation (plus Rs 4,15,000 medical expenses) under the Motor Vehicles Act, 1988. The appeal was limited to the contention that the Tribun…
HDFC ERGO GENERAL INSURANCE COMPANY LIMITEDversusSARFARAJBHAI SULEMANBHAI KHOKHAR
39-RULE DISCHARGED/DISMISSED @ FH
On 3 August 2018 a Maruti Eeco, being used for hire and reward, was involved in a collision caused by a heavy vehicle, resulting in the car crashing into a tree. The claimant, a fare‑paying passenger, sued HDFC ERGO General Insurance Company for indemnity, but the insurer contended that the vehicle’s use for hire and r…
AJAYKUMAR CHANDUBHAI PARMARversusPRADIPKUMAR SHAILESHBHAI PATEL
44-PARTLY ALLOWED @ FH
The appellants, parents of a two‑year‑old child who died in a collision with an ST Corporation bus, appealed the Motor Accident Claims Tribunal's award under the Motor Vehicles Act, 1988. They contended that the Tribunal erred in calculating the child's notional income, using an incorrect multiplier and undervaluing th…
CHANDUBHAI SABURBHAI PARMARversusPRADIPKUMAR SHAILESHBHAI PATEL
38-RULE ABSOLUTE/ALLOWED @ FH
The appellants, parents of Vishalkumar Chandubhai Parmar who died in a bus‑motorcycle collision, appealed the Motor Accident Claims Tribunal's award under Section 173 of the Motor Vehicles Act, 1988. They contended that the Tribunal erred in fixing the deceased's monthly income at Rs.8,000 and in the quantum awarded un…
CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.versusJITENDRASINH BHAGVANSINH VAGHELA
39-RULE DISCHARGED/DISMISSED @ FH
The appellant, Cholamandalam MS General Insurance Co., appealed a Motor Accident Claims Tribunal award of Rs.4,78,850 to the claimant, who had sustained injury to four toes of his foot. The insurer argued that there was no functional disability and that the claimant's post‑accident income had increased, rendering the a…
MIXIKABEN NALINKUMAR PATELversusMANISHBHAI YOGESHBHAI AGRAWAL
53-ALLOWED / GRANTED @ ADM.STAGE
The applicants filed an application under Section 5 of the Limitation Act seeking condonation of a 21‑day delay in filing a cross‑objection to First Appeal No. 2665/2025. The applicants argued that genuine reasons, set out in their memorandum, constituted sufficient cause, while the respondent opposed the condonation. …
AMRUTABEN VITTHALBHAI DHANJAversusNEW INDIA INSURANCE CO. LTD.
53-ALLOWED / GRANTED @ ADM.STAGE
The applicants filed a petition under Section 5 of the Limitation Act seeking condonation of a 35‑day delay in filing an application for restoration of a cross‑objection in First Appeal No. 2873/2024. They argued that the delay was caused by reasons explained in their memorandum and was not deliberate. The Court examin…
THE NEW INDIA ASSURANCE COMPANY LIMITEDversusBHAVNABEN MEHULBHAI JANI(WIFE OF DECD.)
39-RULE DISCHARGED/DISMISSED @ FH
The claimants filed a motor accident claim after a luxury bus collided with a stationary truck on a highway at 03:30 a.m. on 12 June 2015, resulting in a fatal injury. The Motor Accident Claims Tribunal awarded compensation and apportioned negligence equally, holding both the bus driver and the truck driver 50% liable.…
UNITED INDIA INSURANCE COMPANY LTDversusRAJENDRASINH PRAVINSINH VALA
39-RULE DISCHARGED/DISMISSED @ FH
The claimants filed a motor accident claim after a luxury bus collided with a stationary truck on a highway at 03:30 a.m. on 12 June 2015, resulting in a fatal injury. The Motor Accident Claims Tribunal awarded compensation and apportioned negligence equally, holding both the bus driver and the truck driver 50% liable.…
NEW INDIA ASSURANCE CO LTDversusKALUBHAI VIRABHAI BELDAR OD
39-RULE DISCHARGED/DISMISSED @ FH
New India Assurance Co Ltd filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a judgment and award of Rs.1,37,200 granted by the Motor Accident Claims Tribunal, Surendranagar, to the victims of a road accident. The High Court examined the appeal but noted that the amount involved was modest.…
ORIENTAL INSURANCE CO. LTD.versusMINOR ANSHKUMAR KIRANBHAI
53-ALLOWED / GRANTED @ ADM.STAGE
The Oriental Insurance Co. Ltd. filed an application under Section 5 of the Limitation Act seeking condonation of a 30‑day delay in filing its first appeal (No. 4660 of 2025). The delay was attributed to administrative approval and related reasons. The respondent, represented by Mr. N. A. Bhalodi, opposed the condonati…
LHR OF DECD. BHAVESHBHAI DINESHBHAI FALDU, DINESHBHAI RAMJIBHAI FALDU (FATHER OF DECD.)versusKISHORKUMAR DAMJIBHAI CHAVDA
44-PARTLY ALLOWED @ FH
The appellant, father of the deceased motorcyclist, appealed the Motor Accident Claims Tribunal's award of Rs 12,93,600 under Section 173 of the Motor Vehicles Act, 1988, alleging an erroneous assessment of the deceased's monthly income and future dependency. The Tribunal had accepted a modest income of Rs 8,000 per mo…
UNITED INDIA INSURANCE COMPANY LIMITEDversusBHARATBHAI MANUPRASAD UPADHYAY
38-RULE ABSOLUTE/ALLOWED @ FH
An accident on 21 August 2017 involving a Tavera car resulted in the death of its driver and injuries to passengers. The legal heirs filed a Motor Accident Claim Petition under Section 167 of the Motor Vehicles Act seeking compensation, and the Motor Accident Claims Tribunal awarded Rs.22,03,800 with 6% interest, holdi…
THE NEW INDIA ASSURANCE COMPANY LTD.versusMAHENDRASINH BABBHA CHUDASAMA
53-ALLOWED / GRANTED @ ADM.STAGE
The New India Assurance Company Ltd. filed a Miscellaneous Civil Application seeking condonation of a 39‑day delay in filing, citing administrative approvals as the cause. The first appeal had been dismissed for default due to non‑removal of office objections, prompting a motion for restoration. The application was mad…
GUJARAT STATE ROAD TRANSPORT CORPORATIONversusBABUBHAI JASABHAI MARU
39-RULE DISCHARGED/DISMISSED @ FH
The appellant Gujarat State Road Transport Corporation (GSRTC) appealed a Motor Accident Claims Tribunal award of Rs.24,93,000 granted to motorcyclist Babubhai Jasabhai Maru after a 28 October 2023 collision with a GSRTC bus. GSRTC contended that the bus driver was not a necessary party, that the claimant’s own neglige…
KEYURBHAI VITTHALBHAI PATELversusARVINDBHAI BABUBHAI DARJI
53-ALLOWED / GRANTED @ ADM.STAGE
The petitioner, Keyurbhai Vitthalbhai Patel, filed a civil application under Section 5 of the Limitation Act seeking condonation of a 45‑day delay in filing MCA No.34069/2025, CA No.19741/2025 and First Appeal No.19738/2025. The applicant’s counsel argued that the delay was justified and cited the Supreme Court’s decis…
NAYANBHAI VEJABHAI KANETversusGOVINDBHAI VALABHAI MAKWANA
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed an application seeking restoration of First Appeal No. 30349 of 2025, which had been dismissed because the appellant had not removed the office objections. The High Court examined whether the appeal could be reinstated despite the earlier procedural lapse. The learned advocate for the applicant demo…
NAYANBHAI VEJABHAI KANETversusGOVINDBHAI VALABHAI MAKWANA
53-ALLOWED / GRANTED @ ADM.STAGE
The applicant filed a miscellaneous civil application seeking restoration of Civil Application No. 30350 of 2025, which had been dismissed for failure to remove office objections. The applicant asserted that the objection could now be removed. The learned counsel for the applicant demonstrated the ability to satisfy th…
DHARMENDRA RAMBHAI JADAVversusHEIRS OF DECD. MILANBHAI KANUBHAI BAMBHANIYA
38-RULE ABSOLUTE/ALLOWED @ FH
The applicant filed a civil application for condonation of a 116‑day delay in filing a restoration petition, invoking Section 5 of the Limitation Act. The delay was attributed to the applicant's inability to arrange the required court fees. The court examined the applicant's explanation and considered the precedent set…
PADMABEN SHAILESHKUMAR BARIA (HEIRS OF DECD. SHAILESHKUMAR LAXMANSINH BARIA)versusMAHESHKUMAR JESINGBHAI BARIA
38-RULE ABSOLUTE/ALLOWED @ FH
The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 74‑day delay in filing a cross‑objection, alleging they could not arrange the required court fees in time. The first appeal in the matter was already pending before the court. The court examined the reasons for delay and…
MOHSIN HUSSAIN MANSURIversusMOHMMADSHAFI ABDULMAJID RASULBHAI
38-RULE ABSOLUTE/ALLOWED @ FH
The applicant, Mohsin Hussain Mansuri, filed an application under Section 5 of the Limitation Act seeking condonation of a 209‑day delay in filing a cross‑objection, alleging inability to arrange court‑fee payment. The respondent, Mohammadshafi Abdulmajid Rasulbhai & Ors., opposed the condonation. The court examined th…