Gujarat High Court
Lh Of Rameshbhai Bhagwanbhai Thakore vs Dushyantsinh Pravinsinh Ravalji on 30 January, 2025
NEUTRAL CITATION
C/FA/2502/2024 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2502 of 2024
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LH OF RAMESHBHAI BHAGWANBHAI THAKORE & ORS.
Versus
DUSHYANTSINH PRAVINSINH RAVALJI
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Appearance:
MR. AAMIR S PATHAN(7142) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5
NOTICE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 30/01/2025
ORAL ORDER
1. Heard learned advocate Mr.Aamir S. Pathan for the appellants - original claimants.
2. None remained present for the other side.
3. The present First Appeal is at the behest of the original claimants challenging judgment and award passed in MACP No.2831 of 2017 (Old No.196 of 2017).
4. Brief facts of the case are as under:-
4.1 That the deceased Rameshbhai on 31.12.2016, was going on his motorcycle bearing registration no.GJ-06 CL-179 from Malpur to Segva. At that time. The driver of the luxury bus bearing registration no.GJ-12 T-4604 came by driving his bus in rash and negligent manner with an excessive speed and violently dashed with the motorcycle of the deceased Rameshbhai. As a result, the deceased sustained severe Page 1 of 3 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:48:07 IST 2025 NEUTRAL CITATION C/FA/2502/2024 ORDER DATED: 30/01/2025 undefined injuries and succumbed to those injuries and therefore, the claimants have filed the present claim petition for the compensation of Rs.70,00,000/- against the respondents.
5. The claim petition No.2831 of 2017 (Old No.196/2017) has been dismissed by the learned Tribunal on the ground that neither the claimants nor their learned advocate since long remained present despite the notice was issued at Exh.-8. No alternative option left with the learned Tribunal except to dismiss the claim petition.
6. It is trite to note that the claim petition filed under Section 166 of the M.V Act at the behest of the victim of the road accident is of sympathetical consideration on the ground that the Motor Vehicle Act itself is beneficial piece of Legislation. Here, the victim of the road accident has neither lost limb nor life due to road accident. Section 168 of the M.V. Act cast duty upon the Claim Tribunal to pay the amount by granting just, fair and adequate compensation. In the case on hand, the learned Tribunal was handicapped because of absence of claimants or his learned advocate and could not proceed further in the matter. Lastly, having granted sufficient time, the learned advocate could not remain present before the learned Tribunal.
7. I see no error in the impugned judgment and award. Yet, the claimants, in the sympathetical consideration, deserve one more chance to lead evidence before the learned Tribunal.
8. For the reasons stated hereinabove, present First Appeal Page 2 of 3 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:48:07 IST 2025 NEUTRAL CITATION C/FA/2502/2024 ORDER DATED: 30/01/2025 undefined is allowed and impugned judgment and award is quashed and set aside. MACP No.2831 of 2017 (Old No.196/2017) is restored to the file of the learned Tribunal. The claimants shall remain present before the learned Tribunal on 12.02.2025. The claimants would not be entitled to the interest, if any, atleast for the time period commencing from 27.08.2021 till 01.04.2022. Both the parties are at liberty to lead evidence, if they so desire.
9. Registry shall ensure that the Record & Proceedings of the matter are sent back to the concerned Tribunal before 12.02.2025.
(J. C. DOSHI,J) Dolly Page 3 of 3 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:48:07 IST 2025