Gujarat High Court
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|Thursday, 5 February 2026Gujarat HC Rules in Favor of Claimants in Sadat Harjibhai Laxmanbhai vs Vashrambhai Rupaji Ninama
Bench
Hon'ble Mr. Justice H. D. Suthar
HONOURABLE HASMUKH D. SUTHAR
Gujarat HC Rules in Favor of Claimants in Sadat Harjibhai Laxmanbhai vs Vashrambhai Rupaji Ninama (2026) held that The Court held that under Section 163A of the Motor Vehicles Act, the question of negligence is immaterial and should not affect compensation.
This case involves an appeal by Sadat Harjibhai Laxmanbhai against the Motor Accident Claims Tribunal's decision which attributed 50% negligence to the deceased in a fatal motorcycle accident, leading to a reduction in compensation. The appellants argued that under Section 163A of the Motor Vehicles Act, negligence should not be considered in determining compensation. The High Court of Gujarat ruled in favor of the appellants, stating that the Tribunal erred in attributing negligence and enhanced the compensation amount accordingly.
The Court held that under Section 163A of the Motor Vehicles Act, the question of negligence is immaterial and should not affect compensation.
The Tribunal's decision to attribute 50% negligence to the deceased was found to be erroneous and contrary to established legal principles.
Compensation should be determined based on a structured formula without consideration of contributory negligence in cases filed under Section 163A.
Accident occurred involving the deceased and a jeep.
Motor Accident Claims Tribunal delivered its judgment and award.
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Appeal filed by the appellants in the High Court.
Final judgment delivered by the High Court.
