Gujarat High Court
Bharatbhai Kalubhai Koli Through Heirs vs Kantibhai Valabhai Bharvad on 23 July, 2025
NEUTRAL CITATION
C/FA/4657/2009 JUDGMENT DATED: 23/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4657 of 2009
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BHARATBHAI KALUBHAI KOLI THROUGH HEIRS & ORS.
Versus
KANTIBHAI VALABHAI BHARVAD & ORS.
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Appearance:
MRS NISHA M PARIKH(2397) for the Appellant(s) No. 1,1.1,1.2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 23/07/2025
ORAL JUDGMENT
1. The present appeal arises from the judgment and award dated 31.07.2007 passed in MACP No. 1238 of 1999 by the learned Motor Accident Claims Tribunal (Auxiliary), Fast Track Court No.1, Ahmedabad (Rural), Viramgam.
2. On perusal of the said judgment and award, it appears that vide the said judgment and award, the claim petition was rejected.
3. The accident in question took place on 22.06.1999 at 4'o clock in the evening. It appears that on the fateful day, allegedly, using the said Matador-407, bearing registration no. GJ-1-TT-7159, a marriage party was traveling. Unfortunately, the said Matador slided down the road and turned turtle. One of the deaths, which has occurred in the resultant accident was that of Mr. Bharatbhai Kalubhai. It Page 1 of 3 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:32:34 IST 2025 NEUTRAL CITATION C/FA/4657/2009 JUDGMENT DATED: 23/07/2025 undefined is the parents of the said deceased Bharatbhai Kalubhai who had preferred the MACP No. 1238 of 1999.
4. Heard learned advocates for the respective parties.
5. Learned advocates for the parties have brought to the notice of this Court that initially, the said claim petition was filed before the Tribunal at Ahmedabad (Rural). However, subsequently, as is apparent from the Rojkam, that from the year of 2004, the matter was transferred to the Tribunal at Viramgam. Naturally, on account of such transfer, fresh notices should have been issued to the respective parties. However, it appears from the record that such notices could not be served on the opponents. It was just the learned advocate for the claimant, who had participated in the proceedings before the Tribunal at Viramgam.
6. As it is incumbent that such notices should have been served upon the parties / their advocates at Ahmedabad (Rural) Court and that such notices, though issued, had either remained unserved or were not issued at all, it is only fair that the proceedings are remanded back to the concerned Tribunal for proceedings afresh from the stage at which the proceedings were transferred to the Tribunal at Viramgam.
7. Accordingly, the impugned judgment and award dated 31.07.2007 is liable to be quashed and set-aside and is hereby quashed and set-aside.
Page 2 of 3 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:32:34 IST 2025NEUTRAL CITATION C/FA/4657/2009 JUDGMENT DATED: 23/07/2025 undefined
8. The present appeal stands disposed of, in terms of the aforesaid observations of this Court.
9. R&P, if any, shall forthwith be remitted back to the concerned Tribunal, for the Tribunal to conduct proceedings, from the stage at which the matter was pending when it first came to be transferred to such Tribunal at Viramgam.
(J. L. ODEDRA, J) JIGAR J RABARI Page 3 of 3 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:32:34 IST 2025