Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Pillion Rider Due to Negligent Driving. Court Confirms That Medical Expenses Incurred for Treatment of Injured Claimant Who Later Died Are Recoverable Under Motor Vehicles Act, 1988.

High Court: Gujarat High Court In Favour of Prosecution

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2026-05-19 01:19:41

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Case Note & Summary

The case arises from a motor accident on 03.02.2019 involving a motorcycle (GJ-12-AV-2141) and a dumper (GJ-12-AZ-7755). The dumper, driven rashly and negligently from the opposite direction, dashed the motorcycle, causing the death of the rider Harji Lalji Gondariya on the spot. His wife Prembai Harji Gondariya, a pillion rider, sustained grievous injuries including brain hemorrhage and went into coma. She was initially treated at Bhuj and later shifted to Ahmedabad, but died on 01.09.2020 during treatment. A complaint (I-CR No.20/2019) was registered at Bhuj City 'A' Division Police Station. The legal heirs of Harji filed MACP No.215/2019 seeking compensation for his death, and Prembai filed MACP No.282/2019 for her injuries. During the pendency of her claim, she died, and her legal heirs were brought on record. The Motor Accident Claims Tribunal (Auxi.-5), Bhuj-Kachchh, by common judgment and award dated 06.06.2022, awarded Rs.9,04,000/- in MACP No.215/2019 and Rs.12,36,400/- in MACP No.282/2019. The insurance company, The Magma HDI General Insurance Co Ltd, filed First Appeals No.68/2023 and 69/2023 under Section 173 of the Motor Vehicles Act, 1988, challenging the award in MACP No.282/2019. The appellant argued that the death of Prembai was due to natural causes and not accident-related, and that the medical expenses were excessive. The respondents (original claimants) supported the Tribunal's findings. The High Court, after hearing the parties, held that the death was directly attributable to the accident injuries, as she remained in coma and died during treatment. The medical bills were duly proved, and the compensation was just and proper. The Court dismissed the appeals, confirming the Tribunal's award.

Headnote

A) Motor Accident Claims - Negligence - Rash and negligent driving - The accident occurred when a dumper driven rashly from the opposite direction dashed a motorcycle, causing death of the rider and injuries to the pillion rider who later died. The Tribunal held the driver negligent based on FIR and evidence. (Paras 4-4.1)

B) Motor Accident Claims - Compensation - Medical expenses - The Tribunal awarded Rs.12,36,400/- in MACP No.282/2019 including medical expenses of Rs.11,36,400/-. The High Court upheld the award, noting that the claimant died during treatment and the medical bills were proved. (Paras 4.1, 5)

C) Motor Accident Claims - Appeal - Section 173 of Motor Vehicles Act, 1988 - The insurance company challenged the award on the ground that the claimant died due to natural causes, not accident. The Court rejected this, holding that the death was a direct result of the accident injuries. (Paras 5-6)

Issue of Consideration

Whether the Tribunal erred in awarding compensation in MACP No.282/2019 for the death of Prembai Harji Gondariya, who died during the pendency of the claim petition, and whether the insurance company is liable to pay the awarded amount.

Final Decision

The High Court dismissed both First Appeals, confirming the Tribunal's award of Rs.12,36,400/- in MACP No.282/2019 and Rs.9,04,000/- in MACP No.215/2019.

Law Points

Motor Vehicles Act
1988
Section 173
Negligence
Compensation
Medical Expenses
Death due to accident
Rash and negligent driving

Case Details

2026:GUJHC:3551

R/First Appeal No. 68 of 2023 with R/First Appeal No. 69 of 2023

2026-01-19

Hasmukh D. Suthar

2026:GUJHC:3551

Mr. Rathin P Raval for Appellant, Mr. Kirtidev R Dave and Mr. Rahul K Dave for Respondents

The Magma HDI General Insurance Co Ltd

Prembai Wd/o Harji Lalji Gondariya Died Through Lh & Ors.

Nature of Litigation

First Appeal under Section 173 of Motor Vehicles Act, 1988 against award of Motor Accident Claims Tribunal.

Remedy Sought

Insurance company sought to set aside the compensation awarded in MACP No.282/2019.

Filing Reason

Insurance company aggrieved by the Tribunal's award of Rs.12,36,400/- in MACP No.282/2019.

Previous Decisions

Motor Accident Claims Tribunal (Auxi.-5), Bhuj-Kachchh awarded compensation in MACP No.215/2019 and MACP No.282/2019 on 06.06.2022.

Issues

Whether the death of Prembai Harji Gondariya was a result of the accident or natural causes? Whether the compensation awarded by the Tribunal in MACP No.282/2019 is just and proper?

Submissions/Arguments

Appellant argued that the death of Prembai was due to natural causes and not accident-related, and medical expenses were excessive. Respondents argued that the death was directly due to accident injuries and the medical bills were proved.

Ratio Decidendi

The death of the claimant was directly attributable to the accident injuries as she remained in coma and died during treatment; medical expenses were duly proved and compensation was just and proper.

Judgment Excerpts

Feeling aggrieved and dissatisfied with the impugned judgment and award dated 06.06.2022 passed by the learned Motor Accident Claims Tribunal (Auxi.-5), Bhuj-Kachchh ... the appellant herein – original opponent No.3 – insurance company has filed present First Appeals under Section 173 of the Motor Vehicles Act, 1881 (for short “MV Act”). The brief facts of the case of the appellant are that on 03.02.2019, while the deceased Harji Lalji Gondariya and his wife Mrs. Prembai Harji Gondariya were going on Motorcycle No.GJ-12-AV-2141 ... one Dumper bearing No.GJ-12-AZ-7755 came in rash and negligent manner from opposite direction and dashed the motorcycle ...

Procedural History

The accident occurred on 03.02.2019. MACP No.215/2019 and MACP No.282/2019 were filed before the Motor Accident Claims Tribunal (Auxi.-5), Bhuj-Kachchh. The Tribunal passed common judgment and award on 06.06.2022. The insurance company filed First Appeals No.68/2023 and 69/2023 before the High Court of Gujarat on 19.01.2026.