Gujarat High Court
Icici Lombard General Insurance ... vs Legal Heirs Of Deceased Lakshmanbhai ... on 7 May, 2026
NEUTRAL CITATION
C/FA/1762/2015 JUDGMENT DATED: 07/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1762 of 2015
With
R/CROSS OBJECTION NO. 11 of 2016
In
R/FIRST APPEAL NO. 1762 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
NO
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ICICI LOMBARD GENERAL INSURANCE COMPANY LTD
Versus
LEGAL HEIRS OF DECEASED LAKSHMANBHAI POPATBHAI
BADMALIYA & ORS.
=============================================
Appearance:
MR NIKUNT K RAVAL(5558) for the Appellant(s) No. 1
MR MEHUL S SHAH(772) for the Defendant(s) No. 1.1,1.2,1.3,1.4
MR VISHAL C MEHTA(6152) for the Defendant(s) No.
1.1,1.2,1.3,1.4
RULE SERVED for the Defendant(s) No. 2
UNSERVED EXPIRED (R) for the Defendant(s) No. 1.5
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 07/05/2026
ORAL JUDGMENT
1. The captioned appeal is filed at the instance of the appellant -Insurance Company, being aggrieved and dissatisfied with the judgment and award dated 25th June 2015 passed by the learned Motor Accident Claim Tribunal, Bhavnagar in MACP No.835 of 2007.
2. By the said judgment and award, the Tribunal has partly Page 1 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined allowed the claim petition preferred by the original claimants under Section 166 of the Motor Vehicle Act, 1988, holding them entitled to recover sum of Rs.8,34,000/- towards compensation from the original opponents, jointly and severally, together with running interest at the rate of 9% per annum from the date of filing of claim petition till its actual realization with proportionate cost. Hence, the captioned appeal, at the instance of the original opponent no.2, essentially disputing its liability to pay any amount of compensation.
3. Considering the grounds raised in the appeal memo and the submissions made by learned advocate for the appellant on record, this Court vide order dated 28th January 2016, had admitted the appeal and had issued notice for final disposal. In the interim application for stay preferred by the -appellant - Insurance Company, conditional order of stay was granted against the execution and implementation of the impugned judgment and award, on deposit of the entire award amount at the concerned Tribunal. It was further directed to disburse the award amount in favour of the original claimants in terms of the directions issued by the Coordinate Bench in its Page 2 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined judgment dated 8th May 2014 in First Appeal No.3289 of 2013. The record suggests that the notice of admission of appeal was duly served upon respondent nos.1.1 to 1.4 who are the original claimants and the notice of admission of appeal is also reported to have been duly served upon respondent no.2 who is the registered owner of the vehicle involved in the accident. It was further reported that the mother of the deceased who has been joined as respondent no.1.5 has expired. The record and proceedings were called for.
4. Mr. Ayush Bhandari learned advocate had appeared on behalf of Mr. Nikunt K Raval learned advocate on record for the appellant Insurance company. Learned advocate Mr. Vishal C Mehta had appeared on behalf of the respondent nos.1.1 to 1.4 - original claimants. It is required to be mentioned that on admission of the captioned appeal, the original claimants have preferred cross objections, essentially praying for enhancement of the amount of compensation for the grounds raised in the application. The cross objections were directed to be heard along with the First Appeal. Considering the appeal of 2015 pending consideration, the Page 3 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined matter was peremptorily heard with the able assistance of learned advocate, learned advocates on record for the respective parties.
5. Learned advocate for the appellant- Insurance Company, has vehemently assailed the impugned judgment and award by submitting that the Tribunal committed grave error in treating the deceased as passenger in the insured vehicle. It was submitted that the Tribunal failed to appreciate the evidence brought on record, more particularly the police case papers produced vide list at Exhibit 20, which includes the statement of the driver Pankajbhai Babariya has also been produced on record at Mark 20/2. The bare appreciation of the statement of the driver of the insured car clearly suggests that the deceased along with three other persons were permitted to board the insured vehicle as passengers. He had further submitted that indisputably the insured vehicle is a Tavera Car and as per the terms and conditions of the policy issued by the appellant insurance company, which was "private car package policy", it prohibited the use of the car for hire and reward purpose. Learned advocate has placed on record the judgment of the Tribunal passed in Review Page 4 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined Application No.1 of 2009 preferred in the original claim petition at the instance of the Insurance Company seeking review/recall of the order passed on application praying for interim compensation under Section 140 of the Motor Vehicle Act at Exhibit 5. He had submitted that initially, the Tribunal had allowed the interim compensation application (Exhibit 5), in favour of the original claimants. However, the Tribunal had not considered the written arguments filed by the insurer at Exhibit 18. The Insurance Company had therefore approached in appeal before this Court, which was registered as First Appeal No.5753 of 2008. The High Court upon appreciation of the case of the Insurance Company, vide order dated 29 th January 2009, had permitted the Insurance Company to prefer a review application before the Tribunal, with further direction to the Tribunal to take into consideration the written arguments submitted by the insurer as well as other arguments which may be advanced by the parties. Inviting my attention to the various contentions raised by the Insurance Company in the aforesaid review application, he had submitted that the attention of the Tribunal was invited to the material breach in the terms and conditions of the policy, inasmuch as the private car was used for commercial purpose Page 5 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined as a taxi and also was subjected to hire and reward. Apart from the complaint lodged by the driver Pankajbhai Babariya, his statement along with the statement of the four passengers, including the subsequent purchaser Atulbhai, has also been produced on record. Having appreciated the aforesaid investigation case papers, the Tribunal had taken note of the fact that though the name of the insured person appears as Nileshbhai P. Adroja who is the registered owner of the vehicle, the vehicle was in possession of the subsequent purchaser- Atulbhai Balubhai as evident from his statement recorded by the police. Learned advocate had further invited my attention to the findings and reasons assigned by the Tribunal while deciding the review application to point out that if the driver had allowed the passengers to sit in the offending vehicle, then it was well within the knowledge of the owner of the vehicle. The Tribunal had therefore prima facie believed the defence raised by the appellant Insurance Company that the owner had given consent to ply the passengers in the private vehicle, and therefore it amounts to breach of vital terms and conditions of the policy. The Tribunal has also believed the defence raised by the appellant
-Insurance Company that the FIR itself was lodged by the Page 6 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined driver of the vehicle who had allowed four passengers to board in the insured vehicle and that the said passengers have paid the fare. The Tribunal had taken note of the pleadings in this regard made by the original claimants of having acquaintance with the driver of the vehicle as being related. However, considering the first statement of the driver as recorded by the police officers, in absence of such averments being made by the driver, the Court had found such stand of the claimants to be a camouflage and therefore was not accepted. Learned advocate had therefore submitted that having appreciated the police case papers, the Tribunal while considering the interim compensation application has categorically held that the deceased was traveling as a fare- paying passenger and a private car was used in breach of terms and conditions of the policy. As against the aforesaid reasons assigned by the Tribunal while adjudicating the interim compensation application, the Tribunal unfortunately while deciding the main claim petition, on erroneous considerations about absence any evidence with regard to defence of the deceased driver plying insured vehicle by carrying paying fare passengers, has refused such defense. Inviting my attention to the aforesaid findings and reasons Page 7 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined assigned by the Tribunal, learned advocate has submitted that admittedly the claimant who has entered the witness box i.e. wife of the deceased is not an eyewitness to the accident. A bare appreciation of the evidence of the said witness in her cross-examination, she has fairly conceded to the fact that the insured vehicle was used as a taxi. On close appreciation of her cross-examination, it transpires that the driver of the insured vehicle was not known to the claimants. However, in her later part of deposition, she has tried to project that the driver -Pankajbhai Babariya was related to them. As against the aforesaid evidence, the FIR produced on record at Exhibit 33, which is lodged by driver -Pankajbhai Babariya, nowhere mentions that the deceased was known to him or related to him or related to him. What is reported to the police is the fact that the deceased had boarded the insured vehicle along with three other persons as passengers while they were on their way from Vallabhipur to Amreli. Inviting my attention to the contents of FIR, learned advocate had submitted that in fact it has transpired that the insured vehicle had traveled from Amreli to Vallabhipur to drop the officers of Gujarat Water Supply Sewerage Board. It has further transpired from the statement of Atulbhai, who is the subsequent purchaser of Page 8 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined the insured vehicle, and his statement being recorded before the police during the course of investigation, that the insured vehicle was hired by the Board on rental basis for an amount of Rs.18,500/- per month. In this regard, having obtained the police case papers, the Insurance Company has submitted an amended written statement at Exhibit 17. It was submitted that the first written statement was filed by the insurance company which is produced on record at Exhibit 30. However, on obtaining the investigation case papers, an application at Exhibit 16 was preferred seeking permission of the Tribunal to produce an amended written statement which was granted by the Tribunal vide order dated 8 th August 2008. Inviting my attention to the defence raised in the amended written statement, learned advocate had submitted that specific defence was raised with regard to breach of terms and conditions of the policy mainly on the ground that the insured car was used for hire and reward purpose and therefore was subjected for taxi purpose as evident from the police statement of Atulbhai Balubhai Patel and Pankajbhai Jinabhai Babariya, the aforesaid defence has been established and proved on record. It was also contended that the deceased was traveling as an illegal passenger on the Tavera car which Page 9 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined is otherwise a private vehicle, and traveling of such a person was not permitted under the terms and conditions of the policy as well as under the provisions of the Motor Vehicle Act and rules framed thereunder. As regards the liability of the Insurance Company is concerned, it was categorically stated in the written statement that on the date of the contract of insurance, the insured vehicle was not having any permit, either expressly or implicitly, to carry any passenger for hire or reward. On the contrary, there was a specific condition in the policy which excluded the use of the insured vehicle for the carriage of any passenger for hire or reward. Thus, it is apparent that the vehicle was in fact used in breach of such specified conditions. Learned advocate had placed heavy reliance upon the statement of Pankajbhai Jinabhai Baraiya recorded on 10th August 2007 in the form of FIR produced on record at Exhibit 56 as well as the statement of Atulbhai Balubhai recorded by the investigating officer on 11 th August 2007 at mark 20/4. Apart from the aforesaid defence raised, learned advocate had further submitted that the driver was not joined as a party in the original claim proceedings. Having realized the above aspect, the objection was raised by the Insurance Company in its written argument at Exhibit 94 in Page 10 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined this regard. According to learned advocate, even on bare appreciation of the manner in which the accident has taken place, at the most it can be considered as an act of God. In absence of the negligence of the driver being established, the owner of the insured vehicle cannot be held vicariously liable towards the occurrence of such accident, and consequently the Insurance Company cannot be held liable to pay any amount of compensation in absence of the driver being joined as a party to the proceedings. Inviting my attention to the terms and conditions of the policy which is produced on record at Exhibit 51, learned advocate had submitted that indisputably the policy is a private vehicle package policy and therefore the insured vehicle could not have been used for commercial purpose. In this regard, learned advocate had further invited my attention to the limitation clause incorporated in the policy which specifically prohibits the use of the vehicle for hire and reward purposes. As regards the amount of premium realized towards different categories of the risk covered, learned advocate had submitted that merely because the additional premium is realized towards passengers traveling in the insured vehicle and the seating capacity of the Tavera Car being accepted as for 10 persons, Page 11 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined does not permit the insurer to ply the vehicle for hire and reward basis. According to learned advocate, the deceased had boarded the Tavera Car by paying fare, and therefore being an unauthorized passenger on the insured vehicle, the insurance company is required to be exonerated from its liability to pay any compensation. The attention of this Court was also invited to the evidence of the RTO Officer who has been examined as a witness at the instance of the appellant Insurance Company and whose evidence has been recorded at Exhibit 70. According to the learned advocate, the said witness in his examination has fairly conceded to the fact that the insured vehicle was used as a taxi. The examination-in- chief before the Tribunal has categorically stated that the insured vehicle was a private car and cannot be treated as a transport vehicle. The reference in this regard was made to the RC book. Inviting my attention to his cross-examination, the learned advocate has submitted that the dispute with regard to holding a valid and effective driving license was also raised at the relevant stage by the appellant Insurance Company before the Tribunal. In this regard, the RTO Officer has admitted that the license was in force between the period 17th January 2005 to 16th January 2025. However, it is Page 12 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined permitted to drive a Light Motor Vehicle (LMV). He has further admitted that Travera Car would fall in the category of Light Motor Vehicle. However, considering the issue of the insured vehicle being used for commercial purposes, the issue of non-holding of a license to ply a transport vehicle was raised by the appellant Insurance Company. Lastly, the learned advocate has referred to the evidence of one of the passengers in the insured vehicle viz. Dileshbhai Amarsinhbhai Chauhan, who has been examined as a witness pursuant to the witness summons sought for by the appellant Insurance Company at Exhibit 83. The evidence of the said witness has been recorded at Exhibit 84. Inviting my attention to the evidence of the said witness, the learned advocate has once again emphasized on the fact that the deceased was traveling as a passenger in a private car. By making the aforesaid submissions, the learned advocate summarized his position by stating that the appellant Insurance Company by bringing on record the statements of witnesses recorded during the course of investigation and appreciated in light of the admission of the claimant who herself has in cross- examination conceded to the fact that the insured vehicle was used as a taxi and the evidence of witness Dineshbhai Page 13 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined Amarsinhbhai Chauhan (Exhibit 84) of deceased along with three persons having boarded the vehicle as passengers, it can be concluded that the deceased was traveling as a passenger by paying fare in a private car. The learned advocate has, therefore, submitted that the impugned judgment and award passed by the Tribunal, holding the appellant Insurance Company liable to pay compensation, is required to be quashed and set aside.
5.1. As regards legal stance, the learned advocate has placed reliance upon the judgment of the Hon'ble Supreme Court in the case Jagtar Singh vs. Sanjeev Kumar, reported in (2018) 15 SCC 189, wherein the Court has held that the liability of the Insurance Company in respect of the occupant / gratuitous passengers in a private car would arise except where occupants in the car are illegal passengers and the private car is used in breach of the terms and conditions of the policy. Learned advocate has also placed reliance upon the judgment of the Division Bench of this Court in the case of New India Assurance Company Limited vs. Jaysukh Lal Magan Lal Joshi and Others reported in 2013, (3) GLR 2283. Reliance was placed on the observations made in Para Page 14 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined
7. Inviting my attention to the principal contention raised by the Insurance Company disputing its liability on the ground that the vehicle in the facts of the case was used as a taxi to carry passengers for hire or reward. Considering the aforesaid ground of the appellant- Insurance Company, the Division Bench has closely appreciated the FIR produced at Exh.32 wherein it was stated that the insurer vehicle was hired. The Court upon appreciation of the aforesaid statement made by the informant in light of the terms and conditions of the policy arrived at the conclusion that policy does not cover use for hired and reward purposes. As regards the stand of the original claimants is concerned, the Court observed that once the document is produced on record the claimant cannot be permitted to choose part of the document in their favour and to disown the part of the documents against them. The Court has therefore, accepted the appeal of the appellant - Insurance Company by exonerating them from liability to pay any amount of compensation. Learned advocate has also placed reliance upon the unreported judgment of the learned Single Judge of this Court in case of National Insurance Company Limited vs. Rekhaben Rajeshbhai Rathod and Others rendered in First Appeal No.2446 of 2007 dated Page 15 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined 8th April 2014. The reliance was placed on observations in Paras 9, 10, and 11. Learned advocate has therefore urged to allow the appeal and exonerate them from their liability to pay any amount of compensation.
6. Per contra, the learned advocate Mr. Vishal C Mehta, appearing for respondents 1.1 to 1.4 -original Claimants, has forcefully objected to the aforementioned submissions. Learned advocate once again invited my attention to the manner in which the accident was reported, more particularly, referring to the FIR produced on record at Exhibit 33. He pointed out from the contents of the FIR that on the fateful day, the informant who is the driver of the insured vehicle, namely Pankajbhai Jinabhai Babariya had reported that they were returning from Vallabhipur to Amreli and while they have reached near Lathi bus stand, four persons who were standing nearby had boarded the vehicle and had started their journey to reach Amreli. Learned advocate had therefore, submitted that on bare appreciation of the complaint, nowhere in the complaint it has been stated that the deceased or the other three persons were charged with any fare. He has further submitted that as regards the Page 16 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined contention raised by the appellant Insurance Company of the vehicle being subjected to use for hire and reward purpose, no evidence worth has been brought on record in this regard. He has further submitted that the appellant - Insurance Company attempted to relate an earlier part of the journey whereby the witnesses examined by the police during the course of investigation, more particularly, the subsequent purchaser of the insured vehicle viz. Atulbhai Patel, who has mentioned before the investigating officer that the vehicle was given on rent to the Gujarat Water Supply and Sewerage Board for a rent of Rs. 18,500/- and on the fateful day, they had started their journey from Amreli to reach Vallabhipur to drop the officers of the said board. The learned advocate submitted that the aforesaid breach of condition would have no bearing as regards accident. It was submitted that in order to ascertain the liability of the Insurance Company what is required to be taken into consideration is the factors existing at the time of the accident. He has further invited my attention to the evidence of the widow of the deceased who has been examined as witness, recorded at Exhibit 31. From her examination-in-chief, it was pointed out that she has categorically stated that the deceased was knowing the driver Page 17 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined of the insured vehicle and being friends, he had accompanied the driver in the insured vehicle without any fare. In her cross-examination, at the instance of learned counsel for the appellant- Insurance Company, she has fairly conceded to the fact that the vehicle was used as a taxi. However, it is also required to be noted that it was merely a suggestion put by the learned counsel for the Insurance Company, which as a prudent person, she has immediately conceded to such suggestion. According to the learned advocate, for a witness the description of the vehicle as a car or taxi would not be of such difference. The attention of this Court was invited to her evidence wherein she has stated in her cross examination that the name of the driver was Pankajbhai Babariya. She has also admitted that Pankajbhai Babariya is still alive. With such evidence on record, it can be inferred that the deceased was knowing the driver. Learned advocate has further pointed out that though a question was put to the witness about the deceased being serving in Gujarat Water Supply Board, she has denied the aforesaid fact. She has further stated that her husband was traveling in the insured vehicle without paying any fare. Learned advocate has therefore, submitted that the Insurance Company having cross examined said witness, no Page 18 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined contradictory evidence has been brought on record as regards the case put forward by the claimant that the deceased was on board as he was known to driver of the insured vehicle. On the contrary, it has elicited from her cross that her husband had not paid any amount of fare towards such journey. Learned advocate has also invited my attention to the evidence of witness Dineshbhai Chauhan at Exh.84. He had submitted that said witness had accompanied the deceased along with other persons who were traveling in the insured vehicle at the time of accident. On close appreciation of the evidence of the said witness, it gives an impression that the person seating behind them was known to the driver. He had further pointed out that a specific question was put to the said witness as to whether the four persons who were permitted to travel as passengers have paid any fare, to which, said witness has denied having paid any amount of fare. On the contrary, while he was examined at the instance of the counsel for the claimant, he has admitted that since the deceased was known to the driver, he had accompanied in the Tavera car. He has also admitted that no amount of rent was realized. Considering the aforesaid evidence on record, learned advocate has submitted that no error can be found Page 19 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined with the finding of the Tribunal that the Insurance Company failed to establish its defense by leading any evidence. It was submitted that the first version of the accident in the FIR does not reveal the fact about acceptance of fare. In absence of any evidence acknowledging the fact of the amount of fare being paid by the deceased while boarding the insured vehicle, the Insurance Company has failed to prove its defence. The attention of this Court was invited to the terms and conditions of the policy produced on record at Exh.51. It was pointed out that the policy was a private car package policy which is treated as comprehensive policy. According to the learned advocate, the issue of liability of the Insurance Company to indemnify the occupant in the private care having private car package policy which / comprehensive policy is no mo res- integra. In this regard, the learned advocate has drawn my attention to the judgment of the Hon'ble Supreme Court in the case of Insurance Company Limited versus Balakrishnan reported in (2013) 1 SCC 731. Referring to the relevant observations, learned advocate had pointed out that the Hon'ble Court had taken note of the role of Tariff Advisory Committee and had referred to its earlier decisions in case of Amrit Lal Sood and another versus Kaushalya Devi Page 20 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined Thapar and others reported in (1998) 3 SCC 744, as well as other related judgments, whereby, the Tariff Advisory Committee was requested to enforce its decision in regard to coverage of third-party risk which would include an occupant in a vehicle. The Hon'ble Supreme Court had taken note of the decision of Delhi High Court in the case of Yashpal Luthra and another versus United India Insurance Company Limited and another reported in 2011 ACJ 1415. In the aforesaid decision, the evidence of the competent authority, namely the Tariff Advisory Committee (TAC) and Insurance Regulatory and Development Authority (IRDA) had placed on record circular dated 16th November 2009 issued by IRDA to the CEOs of all the Insurance Companies, restating the factual position relating to the liability of Insurance Companies in respect of pillion rider on a two-wheeler as well as occupants in a private car under the comprehensive/package policy. Inviting my attention to the aforesaid circular dated 16th November 2009 as reproduced in the said judgment as well as the relevant observations of the Delhi High Court in the judgment referred to the Court held that there was no scintilla of doubt that a "comprehensive/package policy" would cover the liability of the insurer for payment of compensation for the Page 21 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined occupant in a car. Learned advocate had therefore submitted that considering the fact that the policy in question in the present case is a private car package policy which is treated as comprehensive policy, the deceased being occupant in a private car, Insurance Company is bound to indemnify the owner of the insured vehicle to pay the compensation to the original claimants.
7. On the quantum of compensation, learned advocate had invited my attention to the grounds raised in the cross- objection. Assailing the impugned judgment and award, learned advocate had submitted that the Tribunal has rightly determined the age of the deceased as 49 years considering the date of birth of the deceased as 16 th June 1958 and the date of accident being reported on 10 th August 2007. However, the income of the deceased has been determined on lower side as according to him, despite cogent material being produced on record in the nature of pay slip, salary certificate and muster roll, the witness being examined, the Tribunal has fixed the income of the deceased at Rs.6,000/- as against Rs.7,500/- earned by attending job. It was further pointed out that the additional income of Rs.1,700/- has also been Page 22 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined erroneously not considered despite evidence of the Secretary- Mansukhbhai Patel, being recorded at Exhibit 58 and the vouchers of payment right from October 2005 to July 2007 being produced on record. The Tribunal has refused to take into consideration aforesaid evidence merely on the ground that no muster roll, no pay register has been brought on record. Merely because the said witness has conceded to the fact that the vouchers are not signed by the payee was not a valid reason to ignore the aforesaid documents on record. The attention of this Court was invited to the findings and reasons assigned by the Tribunal. It was submitted that the Tribunal has taken note of the fact that the deceased used to work on the job between 10:00 to 5:00 PM and therefore it was not possible for him to attend the work of caretaker. It was further submitted that at least the pay slip produced on record indicating the salary of the deceased at Rs.7,500/-, in light of the evidence of the widow of the deceased being examined as witness, deserves consideration. He has therefore urged this Court to fix the income of the deceased at Rs.7,500/. As regards prospective income, learned advocate has fairly submitted that the Tribunal has rightly taken into consideration addition of 30% of the established income. Page 23 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026
NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined Learned advocate had further disputed the deduction made towards personal and living expenses of the deceased which according to him considering the fact that there were five dependents in the family, it was appropriate to apply 1/4th deduction instead of 1/3rd as applied by the Tribunal. Learned advocate had fairly submitted that the Tribunal has rightly considered a multiplier of 13 in the facts of the case. Learned advocate had therefore urged this Court to enhance the amount of compensation under the head of loss of dependency appropriately. Learned advocate had further prayed for enhancement towards the conventional heads. It was submitted that in view of the settled principles laid down by the Hon'ble Supreme Court in the case of National Insurance Company Limited versus Pranay Sethi reported in (2017) 16 SCC 680 as well as in the case of Magma General Insurance Co. Ltd vs. Nanu Ram Alias Chuhur Ram & Ors reported in (2018)18 SCC 130, each of the claimants shall be entitled to loss of consortium which has been fixed as Rs.48,400/-. As against the aforesaid amount the Tribunal has awarded meager amount of Rs.5,000/- under the aforesaid head. Learned advocate had further submitted that the amount under the head of loss of estate and funeral Page 24 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined expenses is also required to be revisited in view of the aforesaid principles. Learned advocate had therefore urged this Court to dismiss the First Appeal and to allow the Cross- Objections by modifying the impugned judgment and award by appropriately enhancing the amount of compensation which may be awarded with interest and cost.
8. In rejoinder, learned advocate for the appellant Insurance Company, has objected to the aforesaid submissions made by learned advocate on record for the claimants on the ground of quantum of compensation. Learned advocate has mainly relied upon the findings and reasons assigned by the Tribunal on the issue of quantum of compensation. As regards the submissions made by learned advocate for the original claimants on the issue of liability, learned advocate had pointed out that the Tribunal had no occasion to deal with the aspect of private car package policy / comprehensive policy. He has re-emphasized on the fact of breach of terms and conditions of the policy on the ground of insured vehicle being subjected to hire, use of hire and reward purpose and the deceased having travelled as unauthorized passenger. Page 25 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026
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9. Disputing the aforesaid submissions, learned advocate Mr. Vishal C Mehta appearing for the original claimants has submitted that in fact at page 18 of the impugned judgment and award, the Tribunal has recorded finding that the policy in question is a private car package policy. As regards the aforesaid submission made by learned advocate for the appellant Insurance Company, he had submitted that at no stage, either before the Tribunal when the written statements were tendered or before this Court when the appeal memo was submitted or even during the course of argument, the aforesaid aspect disputing the policy to be Act Policy or comprehensive policy has not been raised. He has therefore urged this Court not to entertain the aforesaid plea. Learned advocate had further clarified that as regards the reliance placed on the review order passed by the Tribunal is concerned, it was a prima facie expression of the findings and reasons assigned by the Tribunal on an interim application at an interim stage, which may not have bearing on the final judgment. As against the reliance placed on the police case papers, more particularly, the statements of the witnesses recorded during the course of investigation, the appellant Insurance Company has miserably failed to examine the driver Page 26 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined of the insured car or the subsequent purchaser Atulbhai Patel as witnesses in support of their defense. On the contrary, the witness Dineshbhai Chauhan whose evidence has been recorded at Exhibit 84 categorically disowns the statement produced on record at mark 20/4. As regards the amount of consortium qua deceased mother is concerned, learned advocate has placed reliance upon the recent judgment of this Court in the case of National Insurance Company Limited vs. Ranchodbhai Savjibhai Baraiya and other in First Appeal No.1235 of 2015 dated 29.4.2026 wherein the Court has considered the loss of consortium even in case of deceased claimant. Learned advocate has therefore prayed for dismissal of the appeal.
10. I have given thoughtful consideration to the arguments advanced by the learned advocates for respective parties. I have appreciated their arguments in light of the findings and reason assigned by the Tribunal as well as I have also perused the relevant evidence on record. The short question which arises for consideration in the present appeal is as to whether the Tribunal Committed any error in facts or in law, to hold the origins claimants entitled to compensation of Page 27 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined Rs.8,34,000/- towards compensation from the original opponents, jointly and severally, together with running interest at the rate of 9% per annum from the date of filing of claim petition till its actual realization with proportionate cost, in light of the facts of the case and the evidence on record?.
11. Before adverting to the aforesaid point for determination, it would require to be noted that the foundational facts as regards involvement of the offending vehicle, the deceased having succumbed to the fatal injuries caused due use of the motor vehicle , the negligence attributed to the driver of the offending vehicle, the vehicle involved being duly insured with the appellant insurance company, in absence of any challenge to these facts, the same has remained uncontroverted.
12. As regards merits of the present appeal, the core contention which has been raised by the appellant insurance company is it's liability to pay any compensation to the claimants. The challenge is mainly on the ground that the deceased was a fare paying passenger travelling in the private car, which is otherwise not permissible. Indisputably, the vehicle involved in the accident; the tavera car, is a private Page 28 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined car which could not be used for any commercial purpose for hire or reward purpose. I have carefully considered the evidence of the witnesses namely Premjibhai Ramabhai Makwana ( Exh. 70), who is an RTO officer and who has stated in his deposition that a private vehicle cannot be treated as a Transport vehicle. However, in his cross examination he has fairly conceded that from policy he cannot confirm that the vehicle involved was a non transport/ private car or a transport vehicle. The Insurance company has submitted witness summons application at Exh. 83 seeking attendance of witnesses namely Atulbhai Babubhai Agaja and Dineshbhai Amarshibhai Chauhan. The Tribunal has passed an order below such application issuing warrant of arrest upon said witnesses. The insurance company has examined Dineshbhai Amarsinh Chauhan as a witness whose evidence has been recorded at Exh. 84. The said witness in his deposition has stated that he had accompanied driver Pankajbhai who was driving the Tavera car and on their back side, other two to four persons were travelling who were related to driver Pankajbhai. The learned counsel for the insurance company has questioned said witness about any fare being charged to which he has denied. As against aforesaid facts elicit from his Page 29 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined deposition, in cross examination at instance of claimants, said witness has Nileshbhai was using said car for his private use and had never rented. He has also admitted the fact that the deceased was travelling in the car as being related to driver Pankajbhai. He has denied any statement given before the Police as shown to him and produced on record at Mark 20/4. The application for reissuance of summons has been filed by the insurance company against witness Atulbhai, however, despite such application being allowed, at later stage, the insurance company has submitted application at Exh. 90, declaring their closure of right to lead further evidence. Appreciating the overall evidence on record, merely because the widow in her cross examination has admitted that the car was plied as taxi, cannot be given due weightage to draw conclusion that the insured vehicle was driven in breach of terms and conditions of policy. In my view, the burden was to establish the fact that the deceased was travelling as a fare paying passenger. Having appreciated the aforesaid evidence on record, in my view, the tribunal has rightly arrived at finding that the insurance company has failed to establish their case that the deceased was travelling as a fare paying passenger.
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13. The next contention which has been raised by the appellant insurance company is about breach of terms and conditions of the policy mainly on two grounds; that the private car was plied for hire and reward purpose and secondly, on the ground that the driver of the insured vehicle had plied a non transport vehicle in absence of valid and effective driving license authorising to drive a transport vehicle. For the reasons recorded in preceding paras, in my view, in absence of any foundational facts of deceased being traveling as fare paying passenger being proved, the consideration of breach and terms of the policy does not arise. So far as, objection being raised by emphasising on the fact that the car was actually rented to the semi government agency and the officers of the said agency being dropped, has rightly been ignored by the Tribunal as the said facts would have no bearing as regards liability of insurance company vis- a-vis status of deceased being travelling as occupant is concerned. As regards, issue of transport vehicle and holding of license of light motor vehicle is concerned, it has been elicited from the evidence of the RTO officer that the insured vehicle belongs to category of 'Light Motor Vehicle' and Page 31 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined therefore considering the fact that the driver Babriya Pankajbhai Jinabhai was holding LMV license ( Exh. 48) at the time of accident, the Tribunal has rightly decided the issue of liability against the appellant insurance company.
14. Further, on careful consideration of the insurance policy produced on record at Exh.51, it is apparent that the policy was in force on the date of accident. The policy issued by the appellant insurance company is a 'Private Car Package Policy'. The schedule of premium suggests that additional premium has been realised towards unnamed PA cover for 10 persons of Rs.1,00,000 each apart from insurance coverage of paid driver as well as PA cover of owner of the vehicle insured. Thus, considering the aforesaid schedule, it is evident that the insurance company has agreed to incur contractual liability apart from statutory liability. The policy in question is not restricted to third party risk but is a comprehensive policy.
15. Having noted aforesaid features of the policy, as regards status of the deceased being accepted as occupant in car and not as unauthorized passenger or a fare paying passenger, in Page 32 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined my view the insurance company cannot escape from its liability to pay compensation to the claimants. As regards legal position of the liability of Insurance Companies in case of occupants travelling in private car under 'Private Car Package Policy', as elucidated by the Hon'ble Supreme Court in the case of Balkrishnan (supra), the Court has ruled that a "comprehensive /package policy" covers the liability of the insurer for injuries to passengers/occupants in a private car, extending beyond the mandatory third-party risk. The court has emphasized that such policies offer broader coverage, allowing occupants to claim compensation. In the subsequent decision in the case of Jagtar Singh (supra), the Hon'ble Supreme Court has reiterated the instructions issued by the Tariff Advisory Committee and IRDA directing all insurance companies across the country as regards factual position about liability of the insurance companies in respect of an occupant in a private car under the comprehensive / package policy. In view of the aforesaid precedents and the circulars dated 18.03.1978, 02.06.1986, 16.11.2009 and 03.12.2009, the appellant insurance company cannot shy away from it's liability to compensate the claimants.
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16. For the foregoing reasons, the appeal of the appellant insurance company is without any merits and is hereby dismissed.
17. As regards the cross objections filed by the original claimants is concerned, essentially it raises the issue of quantum of compensation. I have carefully considered the findings and reasons assigned by the Tribunal in this regard. The Tribunal has though taken note of the salary slip of the month of July, 2007 of the deceased produced on record at Exh.62 reflecting a basic salary of Rs.7,500/- per month, however, for no valid reasons has confined the income to Rs. 6,000/- only, however, after considering the evidence of witness The additional income of Rs. 1700 claimed by the claimants, the evidence of the witness namely one Manshukhbhai Vaghjibhai Patel, secretary at R.N. Gajera Leuva Patel Wadi Trust (Exh. 58) has been rightly appreciated by the Tribunal. It has not been accepted by the Tribunal mainly on the ground that the appointment letter of the deceased, the muster roll and pay register prior to 2007 has not been produced by the claimants. The Tribunal has taken note of the fact that if the deceased was working as store Page 34 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined keeper in the Gujarat Krishi Machinery Ltd., between 10 a.m. to 5 p.m., it was not possible for the deceased to attend work of watchman with said Trust. Considering the aforesaid findings and reasons assigned, in my view the Tribunal has rightly appreciated the case of the claimants with regard to additional income. I am in complete agreement with regards to the reason assigned in this regard. However, as regards income of the deceased earned from the work of store keeper is required to be reconsidered. In my view, the Tribunal committed grave error in ignoring the evidence on record whereby the claimants have established their case of the deceased earning Rs. 7,500 per month by leading cogent evidence on record. In absence of any contradictions being brought on record, there were no reasons for the Tribunal to confine the income of the deceased to Rs. 6000 instead of Rs. 7,500 as evident from the deposition of the widow of the deceased (Exh.31), affidavit of witness Harishbhai Trivedi (Exh. 59), Pay slip of month of July, 2007 (Exh.62). For the above reasons, the income of the deceased is fixed as Rs.7,500/- per month.
18. As evident from the school leaving certificate ( Mark 6/6) Page 35 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined of the deceased produced on record, his date of birth was 16.06.1968. Accordingly, the age of the deceased at the time of accident date 11.08.2007, can be ascertained as 48 years two months. The Tribunal has treated the age of the deceased as 49 years and has followed the principles laid down in the case of Rajesh and ors. Vs. Rajbir Singh and ors., reported in 2013 ACJ SC 1403, and has applied 30% addition towards future prospective income of the deceased. The Tribunal has further considered the number of dependents as five however has applied 1/3rd deduction towards personal and living expenses of the deceased. The Tribunal has applied a multiplier of 13 by treating the age of the deceased as 49 years. Having considered the aforesaid findings and reason assigned by the Tribunal, the age of the deceased can be considered between 48 to 49 years at the time of accident and considering the fact that the deceased was employed on fixed salary at the time of accident, the prospective income of the deceased is required to be reconsidered in light of the ratio laid down by the Hon'ble Supreme Court in the case of Pranay Sethi (supra). Considering aforesaid age, the case of the claimants will fall in the category of age group of 40 to 50 years and fixed salaried person and therefore, there shall be Page 36 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined addition of 25% towards prospective income of the deceased. Thus, the prospective income of the deceased would be Rs. 7500/- + 25% of Rs.7500/- = Rs.9,375/- per month. The deceased was survived by five members in the family and therefore considering the ratio laid down in the case of Sarla Verma (supra), there shall be deduction of 1/4th instead 1/3rd as determined by the Tribunal, towards personal and living expenses of the deceased. The deceased, if had survived, could have contributed to the income of the family Rs.7031 (Rs.9375/- - Rs.2344/-). Considering the age of the deceased as 49 years, the Tribunal has rightly applied a multiplier of 13. Thus, loss of dependency is determined as Rs. 7031/- x 12 x13 = Rs.10,96,836/-.
19. As regards compensation under conventional heads are concerned, in view of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra), each of the claimants viz. the widow, their three children and the mother shall be entitled to loss of consortium. Considering the fact that the claimants have persuaded their remedy essentially seeking enhancement of compensation, they shall be entitled to 10% rise as held by the Hon'ble Supreme Court in the Page 37 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined aforesaid ruling. Thus, the widow shall be entitled to loss of spousal consortium of Rs.48,400/-. Each child shall be entitled to loss of parental consortium of Rs.48,400/-. The mother of the deceased having suffered loss of love, care and affection of his deceased son shall be entitled to filial consortium as Rs. 48,400/-. Similarly, the claimants shall be entitled to an amount of Rs.18,150/- each towards funeral expenses and loss of Estate.
20. In view of above discussions, the total amount of compensation is reconsidered and redetermined as under:
Particulars/ Head Awarded by the Awarded by Tribunal this Court Loss of Dependency 8,11,200/- 10,96,836/-
Loss of consortium 5,000/- 2,42,500/-
Loss of Estate 15,000/- 18,150/-
Funeral expenses 2,500/- 18,150/-
Total compensation 8,34,000/- 13,75,636/-
Enhanced Compensation 5,41,636/-
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C/FA/1762/2015 JUDGMENT DATED: 07/05/2026
undefined
Hence, the original claimants are entitled to a total amount of compensation of Rs.13,75,636/-, with interest at the rate of 9% p.a. from the date of filing of claim petition till its actual realisation, from the original opponents, jointly and severely, with proportionate cost.
21. For the foregoing reasons, the captioned appeal stands dismissed whereas the cross objection is allowed. The impugned judgment and award dated 25 th June 2015 passed by the learned Motor Accident Claim Tribunal, Bhavnagar, in MACP No.835 of 2007, stands modified by holding the original claimants entitled to a total amount of compensation of Rs.13,75,636/-, with interest at the rate of 9% p.a. from the date of filing of claim petition till its actual realisation, from the original opponents, jointly and severely, with proportionate cost. In view of thereof, the appellant insurance company is directed to deposit an enhanced amount of compensation of Rs.5,41,636/- with interest and cost as awarded by this judgment, with the concerned Tribunal within a period of six weeks from the date of certified copy of this order. On deposit of the aforesaid amount, the Tribunal shall be at liberty to proceed with release and disbursement of the Page 39 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026 NEUTRAL CITATION C/FA/1762/2015 JUDGMENT DATED: 07/05/2026 undefined entire award amount in favour of the original claimants, in terms of the apportionment as may be directed by the Tribunal. The Tribunal may verify the identity of the claimants and may strictly adhere to the guidelines of Hon'ble Supreme Court at the time of payment of compensation. Let aforesaid exercise be undertaken by the Tribunal within a period of two weeks thereafter. It shall be open for the tribunal to look into the aspect of court fees, if any to be realised, before payment of compensation.
22. With these observations, the appeal and the cross objections stand disposed of in aforesaid terms. The Registry is directed to send back the record and proceedings to the concerned Tribunal forthwith along with the writ of this judgment.
sd/-
(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH Page 40 of 40 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Tue May 19 2026 Downloaded on : Fri May 22 22:23:17 IST 2026