Vanita Najabhai Solanki vs Gohel Jaywantsinh Parbatsinh
2021 Latest Caselaw 4262 Guj

               C/SCA/4845/2021                            ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO. 4845 of 2021

============================================
                   VANITA NAJABHAI SOLANKI
                                Versus
              GOHEL JAYWANTSINH PARBATSINH
============================================
Appearance:
MR CHINTAN S POPAT(5004) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 1,2,3
============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                 Date : 16/03/2021

                                  ORAL ORDER

1. Heard learned Advocate Shri Chintan S. Popat for the petitioners.

2. By way of this petition, the petitioners have challenged an order dated 07.01.2021 passed by the learned Motor Accident Claims Tribunal (Auxi.), Una in Claim Misc. Application No.39 of 2020 in Claim Case No.517 of 2012, whereby the learned Tribunal has directed that the legal heirs of applicant Nos.2 and 3 may be joined on record within a period of 30 days.

3. Learned Advocate Shri Popat draws attention of this Court to the fact that the said applicant Nos.2 and 3 were father and mother of the deceased Najabhai Meghabhai Solanki and whereas and other applicants were the wife and child of the said deceased Najabhai. He points out that the parents of deceased Najabhai had expired during the pendency of the Claim Petition and whereas the fact had been brought to the notice of the Tribunal, but consequential request for deleting the said applicants had not been preferred. He draws further attention of this Court to the judgment

C/SCA/4845/2021 ORDER

and award passed by learned Tribunal in Claim Case No.517 of 2020, more particularly, at the title of the judgment, wherein learned Tribunal clearly noted that the applicant Nos.2 and 3 had died during the pendency of the Claim Petition. He further draws attention of this Court to the operative portion of the judgment and award, where the learned Tribunal has not made any direction with regard to the apportionment of the awarded amount and according to the learned Advocate, since the parents of the deceased had already expired during the pendency of the Claim Petition, said fact had been noted by the learned Tribunal and therefore, the learned Tribunal had very consciously not made any order of the apportionment. In view of these submissions, learned Advocate contends that the Executing Court ought not to have gone behind the judgment and award of which execution is sought for and since even at the stage of passing of the judgment and award and since the legal heirs were not directed to be joined, the learned Tribunal as an Executing Court ought to have directed to join the legal heirs of the respondent Nos.2 and 3. He further submits that in any case, other applicants being wife and daughter of deceased Najabhai upon demise of the parents of deceased Najabhai, it would be the applicants as wife and daughter of the deceased Najabhai, who would have been given claim compensation awarded by the learned Tribunal and whereas no one else lay a claim upon the compensation amount through the deceased parents of late Najabhai.

4. Thus, submitting learned Advocate requests this Court to direct to pass appropriate orders for disbursal of the amount and in the interregnum, order passed by the learned Tribunal dated 07.11.2021 may be quashed and set aside.

5. Considering the submissions of the learned Advocate Shri Popat, issue Notice for final disposal to respondent No.3 returnable on 06.04.2021.

6. Learned Tribunal shall forthwith disburse 10% of the total awarded

C/SCA/4845/2021 ORDER

amount in favour of the applicants and whereas 90% shall be invested in Fixed Deposit Receipt, if not deposited. Further order as regards the disbursement and apportionment etc. would be passed after hearing the respondent No.3.

(NIKHIL S. KARIEL,J) Y.N. VYAS