Saurabh Hareshbhai Patadiya vs Nandlal Mansukhbhai Vyas
2021 Latest Caselaw 18495 Guj

      C/SCA/11563/2019                               ORDER DATED: 16/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 11563 of 2019

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                   SAURABH HARESHBHAI PATADIYA & ORS.
                                Versus
                       NANDLAL MANSUKHBHAI VYAS
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Appearance:
MR KRUNAL L SHAHI(6519) for the Petitioner(s) No. 1,2
NOTICE SERVED(4) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 16/12/2021

                              ORAL ORDER

1. The present petition is filed by the original opponents challenging the impugned judgment and order passed by the Motor Accident Claims Tribunal (Main), Rajkot dated 13.02.2019 below Exh. 7 in MACP No. 387 of 2017.

2. The brief facts of the present case are as under.

2.1 On 15.12.2016, when the respondent i.e. original claimant was crossing the road, he met with an accident and got injured. An FIR was registered by the daughter of the original claimant against the owner and driver of the vehicle being registration No.GJ-03-JA-9974 and also a claim petition was filed before the Tribunal claiming compensation in the sum of Rs. 7,50,000/-.

3. It is the case of the learned advocate for the petitioners that a criminal case was filed against the petitioners, wherein

C/SCA/11563/2019 ORDER DATED: 16/12/2021

they were ordered to be acquitted by the trial Court and subsequently they have filed this petition.

4. Considering the facts of the present case, since, the claim petition is pending before the Tribunal, therefore, at this stage, this Court is not exercising discretion in passing any order on merits. The Tribunal is directed to consider the submissions and contentions raised before by the respective parties in accordance with law. It is open for the petitioners to raise all the legal contentions available to them before the Tribunal.

5. This petition is disposed of with above direction.

(HEMANT M. PRACHCHHAK,J) SALIM/