NEUTRAL CITATION
C/FA/3108/2022 ORDER DATED: 07/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3108 of 2022
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DEVIKABEN GUNVANTLAL BRAHMBHATT
Versus
NAVINKUMAR RANCHODBHAI PRAJAPATI
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Appearance:
VIRAL K VASHI(8220) for the Appellant(s) No. 1
for the Defendant(s) No. 1
ARUNKUMAR R DAVE(8949) for the Defendant(s) No. 2
HCLS COMMITTEE(4998) for the Defendant(s) No. 1
MR KEYUR A VYAS(3247) for the Defendant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 4
NOTICE SERVED BY DS for the Defendant(s) No. 3
SHARMISHTA A DAVE(8735) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 07/10/2023
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. Being dissatisfied with the impugned judgment and award dated 05.01.2018 passed by the claim Tribunal, Gandhinagar, original claimant-appellant has preferred present appeal under Section 173 of the Motor Vehicle Act.
3. Learned advocate for the appellant, assailing the judgment and award, states that the dismissal on merits, without giving an opportunity to the claimant to adduce the evidence, is contrary Page 1 of 3 Downloaded on : Tue Oct 10 20:39:10 IST 2023 NEUTRAL CITATION C/FA/3108/2022 ORDER DATED: 07/10/2023 undefined to the settled principle of law, and therefore, on this count, the matter may be remanded to the Tribunal to decide the issue afresh in accordance with law.
4. On the other hand, learned advocates for the respondents state that there was lethargic approach on the part of the claimant and in that view of the matter, the Tribunal having no option. Thus, therefore, the impugned judgment and award does not require interference.
5. Having learned advocates for the respective parties and on perusal of the impugned judgment and award, it appears that the claimant - appellant did not appear before the Tribunal as a result, the Tribunal has dismissed the claim petition on merits in the judgment form. This approach is not sustainable in law. In such circumstances, without entering into the merits of the case, the impugned judgment and award dated 05.01.2018 in MACP No.207 of 2012 is quashed. The claim Tribunal shall decide the matter on its own merits, in accordance with law. The claimant - appellant shall cooperate with the proceedings.
6. Considering the conduct of the appellant herein, if the claimant succeeds in getting the amount of compensation, the Page 2 of 3 Downloaded on : Tue Oct 10 20:39:10 IST 2023 NEUTRAL CITATION C/FA/3108/2022 ORDER DATED: 07/10/2023 undefined claim Tribunal shall not count and award interest on compensation, for a period of three years i.e. commencing from 2018 to 04.01.2021.
7. Accordingly, present appeal stands disposed of. No order as to costs. Direct Service is permitted.
(ILESH J. VORA,J) Rakesh Page 3 of 3 Downloaded on : Tue Oct 10 20:39:10 IST 2023