Gujarat High Court
Sheetaldas Kevalram Chavla vs Decd Rameshbhai Punjibhai Vasava ... on 18 February, 2025
NEUTRAL CITATION
C/FA/4219/2018 ORDER DATED: 18/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4219 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
In R/FIRST APPEAL NO. 4219 of 2018
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SHEETALDAS KEVALRAM CHAVLA
Versus
DECD RAMESHBHAI PUNJIBHAI VASAVA THROUGH LH & ORS.
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Appearance:
KURVEN K DESAI(7786) for the Appellant(s) No. 1
MR NIKUNT K RAVAL(5558) for the Appellant(s) No. 1
VIDIT S SHARMA(7365) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1.1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 18/02/2025
ORAL ORDER
1. Heard learned advocate Mr. Kurven K. Desai for the appellant. Though served, none appears for respondents.
2. Present First Appeal is filed by the appellant challenging the judgment and award passed in MACP No.75 of 2016 filed before the learned Motor Accident Claims Tribunal (Main), District Narmada at Rajpipla.
3. On 13.11.2015, deceased Rameshbhai Punjibhai Vasava along with minor Apasara Harisingh Vasava and Raisinghbhai Jatariyabhai Vasava were going on in Motorcycle bearing Page 1 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Feb 27 2025 Downloaded on : Fri Feb 28 23:32:27 IST 2025 NEUTRAL CITATION C/FA/4219/2018 ORDER DATED: 18/02/2025 undefined registration No. GJ.22F.1327. When they reached Umarpada Kevdi Public Road, opponent came in Maruti Van bearing registration No. GJ.19A.3622 at an excessive speed and dashed with the Motorcycle, resultantly, Rameshbhai Punjibhai Vasava died because of accidental injuries and the pillion rider minor Apasaraben Harisingh Vasava sustained injuries. Heirs of deceased Rameshbhai Punjibhai Vasava filed Claim Petition being MACP No. 75 of 2016 claiming compensation of Rs.40,00,000/-. The MACP No. 76 of 2016 came to be filed by minor Apasaraben Harisingh Vasava. Both the claim petitions were consolidated and decided by the common judgment and award dated 15.09.2018. Learned Tribunal awarded Rs.5,12,960/- in favour of the deceased and deducted Rs.1,20,000/-. The claimants of MACP No.75 of 2016 were granted compensation of Rs.3,92,960/- with cost and interest @ 9% from the date of application till realisation from the opponent. In MACP No.76 of 2016, learned Tribunal awarded Rs.25,000/- as compensation.
4. Being aggrieved and dissatisfied with the impugned judgment and award passed in MACP No.75 of 2016, the original opponent has filed present First Appeal.
5. Learned advocate for the appellant submits that the vehicle being Maruti Van was owned by the appellant, Page 2 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Feb 27 2025 Downloaded on : Fri Feb 28 23:32:27 IST 2025 NEUTRAL CITATION C/FA/4219/2018 ORDER DATED: 18/02/2025 undefined however there was no insurance coverage of the same vehicle. After the accident and during the pendency of the MACP proceedings as well as the proceedings pending before the learned Magistrate Court, the settlement was arrived at between the parties and three agreements were executed between the parties which are produced at Exhs.-45, 46 and
47. It is submitted that pursuant to the said agreements, a settlement was arrived at wherein it was agreed that the claimants shall not claim any further compensation from the appellant. The appellant paid an amount of Rs.1,20,000/- to the claimants - heirs of deceased, however, after accepting the amount of compensation, the claimants did not withdraw the claim petition. It is submitted that once the issue of compensation is settled between the parties, Tribunal ought not to have awarded compensation in favour of the original claimants. It is also submitted that learned Tribunal has erred in holding the appellant negligent in occurrence of the accident. The case of granting compensation and the calculation which has been arrived at by learned Tribunal are faulty and without any evidence.
6. Looking to the evidence placed on record, more particularly, Panchnama of the place of accident, learned Tribunal has committed an error by holding driver of the Maruti Van 80% negligent. In absence of any material, Page 3 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Feb 27 2025 Downloaded on : Fri Feb 28 23:32:27 IST 2025 NEUTRAL CITATION C/FA/4219/2018 ORDER DATED: 18/02/2025 undefined learned Tribunal ought not to have awarded compensation in favour of the claimants.
7. Considering the submission canvassed by the learned advocate for the appellant and considering the Record and Proceedings, the accident has occurred on 13.11.2015 and during the pendency of the claim petition, a settlement came to be arrived at between the parties whereby the appellant has paid Rs.1,20,000/- towards the claim of amount. However, considering the provision of law and more particularly, Section 28 of the Indian Contract Act, 1872 (herein after referred to as "Act") which prohibits any agreement in restraint of legal proceedings. Even if any agreement is executed between the parties restraining the other party from initiating any legal proceedings, the agreement being void cannot be looked into. However, considering the undisputed fact that the appellant has paid an amount of Rs.1,20,000/- to the claimants, learned Tribunal has deducted the said amount from the awarded compensation. When the Maruti Van was not insured by an Insurance Company, it is the legal liability of the owner of the Maruti Van to compensate the claimants by paying the amount of compensation. Except the reliance placed upon the three agreements, nothing contrary could be pointed out from the record which can weigh this Court to alter the findings arrived at by learned Page 4 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Feb 27 2025 Downloaded on : Fri Feb 28 23:32:27 IST 2025 NEUTRAL CITATION C/FA/4219/2018 ORDER DATED: 18/02/2025 undefined Tribunal. As learned Tribunal has considered the evidence on record and also considered the provisions of law, I do not find any reason to interfere in the findings arrived at by learned Tribunal.
8. Section 28 of the Contract Act is reproduced as under
which in clear terms bars any agreement restraining any party from initiating any proceedings. Despite the agreement being executed between the parties, that does not dis-entitles the claimant from claiming compensation from the owner of the offending vehicle.
"28. Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.
Exception 1.-This section shall not render illegal a contract by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects shall be referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable in respect of the dispute so referred.
Exception 2.-Nor shall this section render illegal any contract in writing, by which two or more persons agree to refer to arbitration any question between them which has already arisen, or affect any provision of any law in force for the time being as to references to arbitration."
8.1 The proceedings under MACP are benevolent proceedings. Resultantly, the First Appeal fails and the same is dismissed.
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NEUTRAL CITATION C/FA/4219/2018 ORDER DATED: 18/02/2025 undefined
9. Record and Proceedings to be sent back to the concerned Tribunal forthwith. Civil Application is disposed of.
(D. M. DESAI,J) MAYA Page 6 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Feb 27 2025 Downloaded on : Fri Feb 28 23:32:27 IST 2025