Gujarat High Court
Gatubha Takhubha Gohil vs Dashrathsinh Ranjitsinh Gohil on 7 May, 2025
NEUTRAL CITATION
C/FA/2131/2019 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2131 of 2019
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GATUBHA TAKHUBHA GOHIL
Versus
DASHRATHSINH RANJITSINH GOHIL & ORS.
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Appearance:
JENIL M SHAH(7840) for the Appellant(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESENTATIVES for
the Defendant(s) No. 1,2
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 07/05/2025
ORAL ORDER
1. Heard learned advocate Mr. Jenil M. Shah for the appellant and learned advocate Ms. Masumi Nanavati for learned advocate Mr. Vibhuti Nanavati for respondent No.3. Rule served upon respondent Nos.1 and 2 but they did not appear. Perused the record.
2. The challenge in the first appeal is against the judgment and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Bhavnagar at Mahuva on 21st April, 2017 whereby the claim Page 1 of 6 Uploaded by VATSAL S. KOTECHA(HC00352) on Thu May 08 2025 Downloaded on : Fri May 09 03:17:22 IST 2025 NEUTRAL CITATION C/FA/2131/2019 ORDER DATED: 07/05/2025 undefined petition of claimant came to be rejected. Being aggrieved and dissatisfied with the impugned judgment and award, claimant - appellant has filed the present first appeal.
3. It is submitted by learned advocate for the appellant that original claim petition being M.A.C.P. No.377 of 2001 came to be filed before the learned Motor Accident Claims Tribunal (Auxiliary), Bhavnagar. In the year 2015, the claim petition was transferred from learned Tribunal, Bhavnagar to the learned Tribunal, Mahuva. However, no notice was issued to the claimant after such transfer. Resultantly, claimants were not aware about the fact that the claim petition has been transferred. Without affording any opportunity of being heard, learned Tribunal rejected the claim application by observing that ample opportunity was given to the claimant, but claimant has remained absent and no evidence was led on behalf of claimant. It is further contended Page 2 of 6 Uploaded by VATSAL S. KOTECHA(HC00352) on Thu May 08 2025 Downloaded on : Fri May 09 03:17:22 IST 2025 NEUTRAL CITATION C/FA/2131/2019 ORDER DATED: 07/05/2025 undefined that the appellant may be put to any terms and the claimant shall not claim any interest from the date of dismissal of the claim petition till filing of the present first appeal. It is further contended that a specific direction may be given to learned Tribunal in getting the claim application disposed of within a period of stipulated time. Appellant shall give full cooperation to the learned Tribunal for speedy disposal of the claim application.
4. Per contra, learned advocate for respondent No.3 -
insurance company has submitted that after the claim petition was transferred from learned Bhavnagar Court to learned Mahuva Court, notice was issued and the notice of transfer was served to the claimant. However, because of sheer negligence on the part of claimant, the claim petition was not proceeded further. Resultantly, learned Tribunal had no option but to dismiss the claim application. Page 3 of 6 Uploaded by VATSAL S. KOTECHA(HC00352) on Thu May 08 2025 Downloaded on : Fri May 09 03:17:22 IST 2025
NEUTRAL CITATION C/FA/2131/2019 ORDER DATED: 07/05/2025 undefined
5. I have considered the submissions canvassed by learned advocates for the respective parties and perused the Record and Proceedings.
6. It appears that the claim petition being MACP No.377 of 2001 came to be filed by present appellant before learned Tribunal, Bhavnagar for claiming compensation of Rs.1,25,000/-. Thereafter, the claim petition was transferred from learned Additional Sessions Court, Bhavnagar to the learned Additional District Judge Bhavnagar Camp at Mahuva on 3 rd August, 2016. Rojkam date 21st September, 2016 indicates that notice of transfer was served to the claimant/s and thereafter the claim petition was adjourned from time to time. As the claimant did not remain present, learned Tribunal dismissed the claim application on 21st April 2017.
7. The contention which is raised by learned advocate for the appellant that no notice was served with Page 4 of 6 Uploaded by VATSAL S. KOTECHA(HC00352) on Thu May 08 2025 Downloaded on : Fri May 09 03:17:22 IST 2025 NEUTRAL CITATION C/FA/2131/2019 ORDER DATED: 07/05/2025 undefined regard to transfer of claim petition is not accepted for the reason that the Rojkam in clear terms indicates that due notice was served upon claimants. Be that as it may, claim petitions filed under the provisions of Motor Vehicles Act, 1988 are benevolent nature and the claimant should not suffer for his negligence or mistake in not attending the Court proceedings.
8. In the interest of justice, the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Bhavnagar at Mahuva on 21 st April, 2017 is quashed and set aside on condition that if claimants succeed in claim petition, he shall not be entitled to interest from 21 st September 2016 till registration of present first appeal i.e. dated 4 th May, 2019.
9. It is further clarified that all parties shall remain present before the learned Tribunal and proceed with Page 5 of 6 Uploaded by VATSAL S. KOTECHA(HC00352) on Thu May 08 2025 Downloaded on : Fri May 09 03:17:22 IST 2025 NEUTRAL CITATION C/FA/2131/2019 ORDER DATED: 07/05/2025 undefined the matter without asking for unnecessary adjournments and the learned Tribunal shall try to dispose off the claim application preferably within a period of six months from the date of receipt of this order. It is further clarified that no fresh notice be issued to any of the parties. The parties to the claim petition to remain present before learned Tribunal on 9-6-2025 either personally or through their learned advocates.
10. With the above observation, this appeal is allowed in above terms. No order as to costs. Direct Service is permitted.
11. Record & Proceedings, if any, be sent back to the concerned Tribunal, forthwith.
(D. M. DESAI,J) vk Page 6 of 6 Uploaded by VATSAL S. KOTECHA(HC00352) on Thu May 08 2025 Downloaded on : Fri May 09 03:17:22 IST 2025