VIBHABEN @ CHETANKUMAR PATEL vs SHIVABHAI MASHRUBHAI BHARWAD Advocate - EX PARTY — 334/2017

Case under Motor Vehicles Act, 1988 Section 166. Disposed: Contested--PARTLY ALLOWED on 16th March 2026.

Case disposed

MACP - MAC PETITION

CNR: GJAH010018662017

Filing Number

334/2017

Filing Date

24-Mar-2017

Registration No

334/2017

Registration Date

24-Mar-2017

Court

Ahmedabad District

Judge

4-9th Addl District Judge

Decision Date

16-Mar-2026

Nature of Disposal

Contested--PARTLY ALLOWED

Last updated 31-May-2026

Acts & Sections

Motor Vehicles Act, 1988 Section 166

Petitioner(s)

  1. 1.VIBHABEN @ CHETANKUMAR PATEL

    Adv. B S SOLANKI

Respondent(s)

  1. 1.SHIVABHAI MASHRUBHAI BHARWAD Advocate - EX PARTY

  2. 2.HARENDRASINH BALVANTSINH ZALA

  3. 3.THE NEW INDIA INSURANCE CO LTD

    Adv. A.O.CHUDGAR

  4. 4.MAHENDRASINH HUKUMSINH VAGHELA

    Adv. k.b.parmar

Case History

  1. Case disposedDisposed

  2. 16-Mar-2026

    JudegementView PDF

    Case Summary: MACP No. 334/2017 Court Decision: The Motor Accident Claims Tribunal partially allowed the claim and awarded Rs. 44,86,328 compensation to the legal heirs of deceased Chetankumar Bhikhabhai Patel, who died in a July 2016 motor accident. The tribunal held both vehicle drivers 50%-50% negligent for composite negligence and made all defendants (truck owner, driver, and insurer) jointly and severally liable. Key Reasoning: The court found the truck driver suddenly applied brakes causing deviation, but the car driver failed to maintain safe distance per Road Regulations—both contributed equally. Since passengers cannot bear contributory negligence, the claimants received full compensation based on the deceased's Rs. 2,87,365 annual income (2014-15 tax return), applying a multiplier of 16 years and 40% prospective income increase for self-employment, with 9% interest from petition date. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 16-Mar-2026

    Disposed

    9th Addl District Judge

  4. 13-Mar-2026

    Judgement

    9th Addl District Judge

  5. 26-Feb-2026

    Judgement

    9th Addl District Judge

  6. 18-Feb-2026

    Final Arguments

    9th Addl District Judge

  7. 12-Feb-2026

    Opponents Evidence

    9th Addl District Judge

  8. 29-Jan-2026

    Opponents Evidence

    9th Addl District Judge

  9. 24-Dec-2025

    Applicants Evidence

    10th Addl District Judge

  10. 06-Nov-2025

    Applicants Evidence

    10th Addl District Judge

  11. 09-Oct-2025

    Applicants Evidence

    10th Addl District Judge

  12. 26-Sep-2025

    Applicants Evidence

    10th Addl District Judge

  13. 18-Sep-2025

    Applicants Evidence

    10th Addl District Judge

  14. 03-Sep-2025

    Applicants Evidence

    10th Addl District Judge

  15. 14-Aug-2025

    Applicants Evidence

    10th Addl District Judge

  16. 24-Jul-2025

    Applicants Evidence

    10th Addl District Judge

  17. 09-Jul-2025

    Applicants Evidence

    10th Addl District Judge

  18. 12-Jun-2025

    Applicants Evidence

    4th Addl District Judge

  19. 07-May-2025

    Applicants Evidence

    4th Addl District Judge

  20. 01-May-2025

    Applicants Evidence

    4th Addl District Judge

  21. 24-Apr-2025

    Applicants Evidence

    4th Addl District Judge

  22. 06-Mar-2025

    Applicants Evidence

    4th Addl District Judge

  23. 16-Jan-2025

    Applicants Evidence

    4th Addl District Judge

  24. 05-Dec-2024

    Applicants Evidence

    4th Addl District Judge

  25. 05-Sep-2024

    Applicants Evidence

    4th Addl District Judge

  26. 28-Aug-2024

    Applicants Evidence

    4th Addl District Judge

  27. 14-Aug-2024

    Summons - Notice

    4th Addl District Judge

  28. 27-Jun-2024

    Summons - Notice

    4th Addl District Judge

  29. 12-Jun-2024

    Summons - Notice

    4th Addl District Judge

  30. 04-Apr-2024

    Summons - Notice

    9th Addl District Judge

  31. 29-Feb-2024

    Summons - Notice

    9th Addl District Judge

  32. 14-Feb-2024

    Summons - Notice

    9th Addl District Judge

  33. 28-Dec-2023

    Summons - Notice

    9th Addl District Judge

  34. 09-Nov-2023

    Summons - Notice

    9th Addl District Judge

  35. 13-Sep-2023

    Summons - Notice

    9th Addl District Judge

  36. 03-Aug-2023

    Summons - Notice

    9th Addl District Judge

  37. 04-May-2023

    Summons - Notice

    8th Addl District Judge

  38. 08-Apr-2023

    Summons - Notice

    8th Addl District Judge

  39. 20-Mar-2023

    Summons - Notice

    8th Addl District Judge

  40. 24-Jan-2023

    Summons - Notice

    8th Addl District Judge

  41. 28-Nov-2022

    Summons - Notice

    9th Addl District Judge

  42. 11-Oct-2022

    Summons - Notice

    9th Addl District Judge

  43. 10-Aug-2022

    Summons - Notice

    9th Addl District Judge

  44. 29-Jul-2022

    Summons - Notice

    9th Addl District Judge

  45. 12-Apr-2022

    Summons - Notice

    7th Addl District Judge

  46. 20-Jan-2022

    Summons - Notice

    7th Addl District Judge

  47. 29-Nov-2021

    Summons - Notice

    7th Addl District Judge

  48. 24-Aug-2021

    Summons - Notice

    8th Addl District Judge

  49. 19-Jun-2021

    Summons - Notice

    9th Addl District Judge

  50. 18-Mar-2021

    Summons - Notice

    9th Addl District Judge

  51. 04-Feb-2021

    Summons - Notice

    9th Addl District Judge

  52. 05-Nov-2020

    Summons - Notice

    9th Addl District Judge

  53. 24-Sep-2020

    Summons - Notice

    9th Addl District Judge

  54. 21-Jul-2020

    Summons - Notice

    10th Addl District Judge

  55. 03-Jun-2020

    Summons - Notice

    12th Addl District Judge

  56. 02-May-2020

    Summons - Notice

    12th Addl District Judge

  57. 20-Mar-2020

    Summons - Notice

    12th Addl District Judge

  58. 10-Feb-2020

    Summons - Notice

    12th Addl District Judge

  59. 21-Jan-2020

    Summons - Notice

    12th Addl District Judge

  60. 17-Dec-2019

    Summons - Notice

    12th Addl District Judge

  61. 18-Nov-2019

    Summons - Notice

    12th Addl District Judge

  62. 07-Sep-2019

    Written Statement/Reply

    7th Addl District Judge

  63. 13-Jul-2019

    Written Statement

    7th Addl District Judge

  64. 27-Mar-2019

    Summons - Notice

    9th Addl District Judge

  65. 20-Feb-2019

    Summons - Notice

    9th Addl District Judge

  66. 18-Jan-2019

    Summons - Notice

    Principal District Judge

  67. 10-Oct-2018

    Summons - Notice

    Principal District Judge

  68. 22-Jun-2018

    Summons - Notice

    Principal District Judge

  69. 23-Feb-2018

    Summons - Notice

    Principal District Judge

  70. 29-Nov-2017

    Summons - Notice

    Principal District Judge

  71. 07-Sep-2017

    Summons - Notice

    Principal District Judge

  72. 06-May-2017

    First hearing

    Initial hearing scheduled

  73. 24-Mar-2017

    Case filed

    Registration No. 334/2017

casestatus.in Summary

Case Summary: MACP No. 334/2017 Court Decision: The Motor Accident Claims Tribunal partially allowed the claim and awarded Rs. 44,86,328 compensation to the legal heirs of deceased Chetankumar Bhikhabhai Patel, who died in a July 2016 motor accident. The tribunal held both vehicle drivers 50%-50% negligent for composite negligence and made all defendants (truck owner, driver, and insurer) jointly and severally liable. Key Reasoning: The court found the truck driver suddenly applied brakes causing deviation, but the car driver failed to maintain safe distance per Road Regulations—both contributed equally. Since passengers cannot bear contributory negligence, the claimants received full compensation based on the deceased's Rs. 2,87,365 annual income (2014-15 tax return), applying a multiplier of 16 years and 40% prospective income increase for self-employment, with 9% interest from petition date. This case analysis is maintained by casestatus.in based on publicly available court records.

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