Gujarat High Court
Suthar Ravindra Haribhai vs Ravina Bharatkumar Thakor on 18 November, 2025
NEUTRAL CITATION
C/FA/2504/2025 JUDGMENT DATED: 18/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2504 of 2025
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of
2025
In R/FIRST APPEAL NO. 2504 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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SUTHAR RAVINDRA HARIBHAI & ANR.
Versus
RAVINA BHARATKUMAR THAKOR
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Appearance:
PARTY IN PERSON(5000) for the Appellant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 18/11/2025
ORAL JUDGMENT
1) Feeling aggrieved and dissatisfied with the judgment and award dated 22.12.2022 passed by learned Motor Accident Claims Tribunal (VIII), Ahmedabad (Rural) at Mirzapur (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.03 of 2010, the appellants - original respondents preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).
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2) Heard the appellant no.1 who appeared party in-person and learned Advocate for the respondent no.1 herein - original petitioner. Perused the original record and proceedings.
3) It is the case of the appellants that the petition in question being MAC Petition No.03 of 2010, came to be decided in the absence of the defence Advocate and/or appellants and further in absence of either oral or documentary rebuttal evidence and examination in chief of the original respondents - appellants herein and the learned Tribunal has passed an award on 22.12.2022. Further, the alleged incident took place on 19.10.2008 as per the claim petition and the said petition filed belatedly after the period of almost 1 year two months and 13 days. The whole proceeding came to be decided by the learned Tribunal due to the negligence or inadvertence on the part of the Advocate who has neither assisted the Tribunal nor appeared in the proceeding and due to the inadvertence mistake or negligence on behalf of the Advocate, the party / litigant should not be allowed to suffer. Hence, the appellants have preferred the present appeal.
4) The appellant no.1 party-in-person has submitted that the learned Tribunal has committed error by not giving opportunity to the appellants to lead evidence and decided the petition ex- parte based on insufficient evidence. Though the petition remained pending since long and matter was kept sine die. The appellants engaged an Advocate but the Advocate did not inform the appellants about the progress of the petition and stopped to appear before the Tribunal as the Advocate discontinued his practice and due to this reason he could not defend his case and failed to produce evidence on record and the matter was decided Page 2 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 02:59:16 IST 2025 NEUTRAL CITATION C/FA/2504/2025 JUDGMENT DATED: 18/11/2025 undefined ex-parte and fastened the liability to pay compensation on the appellants though the appellants are not liable to pay any compensation. Though the incident took place in the year 2008, the complaint was filed belatedly and petition was filed in the year 2010 and even no such alleged injury was sustained to the victim. Due to inadvertence on the part of the learned Advocate who has neither assisted the Tribunal nor appeared before the Tribunal and due to the mistake of the Advocate the appellants should not be allowed to suffer. Hence, he has requested to allow the present appeal.
5) Learned Advocate for the respondent herein has opposed the present appeal on the ground that sufficient opportunities were afforded by the Tribunal to the appellants and the award is passed. It is the duty of the appellants to remain vigilant about their claim. Though the appellants used to appear in another criminal matter but did not remain present to defend the petition. Hence, he has requested to dismiss the present appeal.
6) Having heard the appellant no.1 and learned Advocate for the respondent. Perusing the record it appears that the MAC Petition No.3 of 2010 was decided on 22.12.2022, and it was filed in January 2010. It further appears that the appellants have not examined the claimant - respondent herein and have not produced or lead any evidence which reveals from the judgment. Considering the aforesaid fact as ex-parte judgment has been passed and no opportunity was afforded to the appellants for cross-examination or to lead evidence as their Advocate did not appear before the Court and stopped his practice. As execution and implementation of award is stayed and the appellants have already deposited the amount under the award and 50% of the Page 3 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 02:59:16 IST 2025 NEUTRAL CITATION C/FA/2504/2025 JUDGMENT DATED: 18/11/2025 undefined said amount is also disbursed to the original claimant - respondent herein, the present appeal deserves consideration.
7) Considering the above facts, this Court is of the opinion to remand the matter to the learned Tribunal by imposing appropriate cost upon the present appellants.
8) In view of the above, the present appeal is allowed subject to payment of cost of Rs.2,500/- (Two Thousand Five Hundred Only) by the appellants to the original claimant - respondent herein.
9) The impugned judgment and award dated 22.12.2022 passed by the learned Motor Accident Claims Tribunal (VIII), Ahmedabad (Rural) at Mirzapur, in MAC Petition No.03 of 2010 is hereby quashed and set aside and the matter is remanded back to the learned Tribunal to decide afresh after giving opportunity to the appellants, preferably within a period of three months from the date of receipt of copy of this order.
10) The appellants are directed to appear before the learned Tribunal on 06.12.2025.
11) With these directions, the present appeal is disposed of. The record and proceedings, if any, shall be transmitted to the learned Tribunal forthwith. The Civil Application No.1 of 2024, also stands disposed of.
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