Gujarat HC Allows Appeal in Sadat vs Vashrambhai, Rules on Compensation Under MV Act
Parties Involved
Sadat Harjibhai Laxmanbhai
Vashrambhai Rupaji Ninama
AI Summary
The Gujarat High Court allowed the appeal by Sadat Harjibhai Laxmanbhai against the Motor Accident Claims Tribunal's decision, which had reduced the compensation due to a finding of contributory negligence. The court emphasized that under Section 163A of the Motor Vehicles Act, the question of fault is irrelevant, and the compensation should not be reduced based on negligence.
Bench
Ratin P Raval
Order Text
Sadat Harjibhai Laxmanbhai vs Vashrambhai Rupaji Ninama on 5 February, 2026 NEUTRAL CITATION C/FA/2714/2022 JUDGMENT DATED: 05/02/2026 undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2714 of 2022 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ========================================================== Approved for Reporting Yes No ========================================================== SADAT HARJIBHAI LAXMANBHAI & ANR. Versus VASHRAMBHAI RUPAJI NINAMA & ORS. ========================================================== Appearance: MR R.K.MANSURI(3205) for the Appellant(s) No. 1,2 MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 05/02/2026 ORAL JUDGMENT 1. This appeal has been preferred by the appellants-Original Claimants against the judgment and award dated 20.03.2018 passed by the Motor Accident Claims Tribunal (Auxi), Aravalli at Modasa in MACP No.619 of 2015. 2. Heard Mr. R.K. Mansuri, learned advocate for the appellants and Mr. Ratin P Raval, learned advocate for respondent No.3. Though served, none appears for respondent Nos.1 and2. Page 1 of 6 Uploaded by ALI ISTAYAK(HC01093) on Fri Feb 06 2026 Downloaded on : Thu Feb 12 21:40:15 IST 2026 NEUTRAL CITATION C/FA/2714/2022 JUDGMENT DATED: 05/02/2026 undefined 3. The learned advocate for the appellant has submitted that the le...
