C/FA/1910/2025 ORDER DATED: 25/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1910 of 2025 ========================================================== MAHAMMAD MUSABHAI KALVAT & ANR. Versus KAMALBHAI MUSABHAI KALVAT & ORS. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2 MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3 NOTICE UNSERVED for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/11/2025 ORAL ORDER 1) Feeling aggrieved by and dissatised with the judgment and award dated 16.04.2025 passed by learned Motor Accident Claims Tribunal at Keshod, in Motor Accident Claim Petition No.02 of 2021, the appellants – claimants have preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short). 2) Heard Mr. Nishit Bhalodi, learned counsel for the appellants and Ms. Kirti S. Pathak, learned counsel for respondent No.3. Though served, none appears for respondent Nos.1 and 2. 3) Learned counsel for the appellants has submitted that the Tribunal committed an error in dismissing the claim petition on the ground that the appellants failed to prove the negligence of opponent No. 1 and that the accident was an “Act of God,” as the deceased, who was a pillion rider on the motorcycle, died when a dog suddenly came onto the road, causing the accident. It is contended that the Tribunal erred in not considering that the accident occurred out of the use of the motorcycle. Although a chargesheet was led against opponent No. 1, the Tribunal held that merely on the C/FA/1910/2025 ORDER DATED: 25/11/2025 presumption and assumption that the parties were family members, the evidence produced on record was unreliable, and thus discarded it. Hence, learned counsel has prayed for allowing the present appeal. 4) Learned counsel for respondent No.3 Ms. Pathak has opposed the present appeal and submitted that the claimants failed to prove negligence of the o;ending vehicle and not proved the contents of FIR. Therefore, the Tribunal has not committed any error as chargesheet was not produced on record or any other incriminating evidence is there. 5) Heard learned counsel for the respective parties and upon perusal of the record, it is the case of the complainant that on 01.02.2020, when the deceased was going towards Chotli Virdi to Mangrol with opponent No.1 on his motorcycle as pillion rider and when they reached at Chaki vav, at that time, one dog came between the road, opponent No.1 had lost control over the motorcycle, As a result, the deceased who was riding as a pillion rider fell down on the road and sustained serious injuries. During treatment, he was died at Mangrol government Hospital. In this regard, FIR came to be led at Mangrol Police Station against opponent No.1. Subsequently, chargesheet came to be led in this regard. 6) On perusal of the evidence produced by the claimants, such as the FIR at Exh. 14, spot Panchnama at Exh. 15 and PM Note at Exh:17, they failed to produce the chargesheet on record, although it is referred to in the deposition at Exh. 18. However, in absence of suCcient material on record, the Tribunal dismissed the claim petition merely on the ground that opponent No. 1 is a relative of the claimants. As learned counsel for the appellants has submitted that C/FA/1910/2025 ORDER DATED: 25/11/2025 the claimants intend to produce the chargesheet and establish negligence on the part of opponent No. 1, without discussion further into the merits at this stage, it is expedient to remand the matter to the Motor Accident Claims Tribunal, Keshod, for rehearing on the aspect of negligence. 7) Accordingly, judgment and award dated 16.04.2025 passed by learned Motor Accident Claims Tribunal at Keshod, in Motor Accident Claim Petition No.02 of 2021 is hereby quashed and proceedings of MACP No.02/2021 is remanded back to the Tribunal to decide afresh on the negligence part of opponent No.1. The Tribunal shall decide the same as expeditiously as possible, within a period of four months from the date of receipt of this order. Record and proceedings be sent back to the Tribunal concerned forthwith. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 26/11/2025 12:22:25