Gujarat High Court
Mitkumar Navinkumar Darji vs Hiralal Jayshankar Joshi on 19 September, 2025
NEUTRAL CITATION
C/SCA/9644/2025 ORDER DATED: 19/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9644 of 2025
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MITKUMAR NAVINKUMAR DARJI
Versus
HIRALAL JAYSHANKAR JOSHI & ANR.
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Appearance:
MR. HEMAL SHAH(6960) for the Petitioner(s) No. 1
ORTIS LAW OFFICES(12342) for the Petitioner(s) No. 1
MS KIRTI S PATHAK(9966) for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 19/09/2025
ORAL ORDER
1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner, submitted that the MACT petition filed by the claimant was settled before the Lok Adalat on 12.12.2020. In pursuance to the compromise arrived at between the parties, the learned Tribunal, inter alia, passed the order, that "out of amount payable to the claimant, such amount be invested in any Nationalized Bank on the name of minor applicant/claimant through his guardian father as per the choice of the minor claimant for the period of five years or he attains majority whichever is later". Learned counsel for the petitioner further submitted that the claim was settled for a sum of Rs.75,000/-. The said amount was deposited by the insurance company on 24.03.2021. He further submitted that the petitioner has attained the majority. Learned counsel for the petitioner has drawn the attention of the Court to the Aadhaar Card and PAN Card of the petitioner. As per Page 1 of 2 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Sat Sep 20 2025 Downloaded on : Mon Sep 22 23:00:47 IST 2025 NEUTRAL CITATION C/SCA/9644/2025 ORDER DATED: 19/09/2025 undefined Aadhaar Card and PAN Card, the date of birth of the petitioner appears as 11.06.2007. Further, the petitioner has placed the mark sheet of Higher Secondary Certificate Examination and also placed on record that the petitioner is studying in B.Com. (Final). Relying upon these documents, learned counsel for the petitioner submitted, that the petitioner has attained the majority and the petitioner is an educated person, he can manage his own finance. He further submitted that the accident took place in the year 2016 and since at the time of filing the petition, he was minor but now he has attained the majority. Therefore, the amount lying deposited in FDR be permitted to be released in favor of the petitioner. In support of his contention, learned counsel for the petitioner relied upon the judgment of Honorable Apex Court rendered in the case of Michael Versus Regional Manager, Oriental Insurance Company Limited, reported in 2013 (0) AIJEL-SC 54110. Relying upon the ratio of the aforesaid judgment, learned counsel for the petitioner, submitted that the Tribunal may be directed to disburse the amount.
3. Having considered the submissions of the learned counsel for the petitioner and having regard to the facts that the petitioner has attained the majority and the accident took place in the year 2016, the present petition deserves to be allowed and accordingly, the Tribunal is directed to disburse the amount, if the disbursement has not taken place already in the aforesaid manner. No order as to costs.
4. Direct service is permitted.
(MOOL CHAND TYAGI, J) HARSHIT Page 2 of 2 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Sat Sep 20 2025 Downloaded on : Mon Sep 22 23:00:47 IST 2025