NEUTRAL CITATION
C/FA/4295/2023 ORDER DATED: 07/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4295 of 2023
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JAGATSINH KALUSINH RATHOD
Versus
DIVYESHKUMAR SHANKARLAL SANGADA
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
for the Defendant(s) No. 3
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 4
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2
PARIMALSINH PARMAR(7296) for the Defendant(s) No. 1
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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 04.05.2019 passed by the claim Tribunal, Panchmahal at Godhra, original claimant-appellant has preferred present appeal under Section 173 of the Motor Vehicle Act.
3. Mr.Nishit A. Bhalodi, 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 to the settled principle of law, and therefore, on this count, the matter may be remanded to the Page 1 of 3 Downloaded on : Sat Oct 07 20:49:47 IST 2023 NEUTRAL CITATION C/FA/4295/2023 ORDER DATED: 07/10/2023 undefined Tribunal to decide the issue afresh in accordance with law.
4. On the other hand, Mr.Rathin Raval, learned advocate for respondent no.4 as well as Ms.Kirti Pathak, learned advocate for respondent no.2, 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 04.05.2019 in MACP No.568 of 2014 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 claim Tribunal shall not count and award interest on Page 2 of 3 Downloaded on : Sat Oct 07 20:49:47 IST 2023 NEUTRAL CITATION C/FA/4295/2023 ORDER DATED: 07/10/2023 undefined compensation, for a period of two years i.e. commencing from 04.05.2019 to 03.05.2011.
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 : Sat Oct 07 20:49:47 IST 2023