Gujarat High Court
Meghnaben Ashokbhai Doru Wd/O ... vs Manshi Murli Sheda on 21 October, 2021
Bench: A.G.Uraizee
C/SCA/8779/2021 ORDER DATED: 21/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8779 of 2021
==========================================================
MEGHNABEN ASHOKBHAI DORU WD/O LATE ASHOKBHAI SAMJI DORU
Versus
MANSHI MURLI SHEDA
==========================================================
Appearance:
JENIL M SHAH(7840) for the Petitioner(s) No. 1,2,3,4,5
PRANAV U RAVAL(9475) for the Petitioner(s) No. 1,2,3,4,5
MS KIRTI S PATHAK(9966) for the Respondent(s) No. 2
NOTICE SERVED(4) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 21/10/2021
ORAL ORDER
1. In this petition under Articles 226 and 227 of the
Constitution of India, the petitioners have made the
following substantive main prayer:
"8(a) A writ of Certiorari or any other appropriate writ,
order or direction may kindly be issued quashing and
setting aside the order passed by the learned Motor
Accident Claims Tribunal (AUXI.) Kutch at Bhuj below
application Exh. 1 in Civil Miscelleneous Application
(MACP) No.1656 of 2019 dated: 31-01-2020 and, thereby,
to allow the said application direction the payment of
amount falling to the share of the original Slaimant No.5-
deceased Shamji Virji Doru to the Petitioner No.1 herein."
2. By order dated 29.6.2021, notice for final disposal
was issueds considering the issue involved in the petition.
C/SCA/8779/2021 ORDER DATED: 21/10/2021
3. I have heard Mr.Jenil Shah, learned advocate for the
petitioners and Ms. KS Pathak, learned advocate for
respondent No.2-Insurance Company. There is no
appearance on behalf of respondent No.1, though served
with a notice.
4. The facts giving rise to the present petition as could
be gathered from the memo of petition and connected
material are that on 15.7.2008 Ashok Shamji Doru met
with an accident with offending Dumper bearing
registration No.GJ-12-Z-1045 while returning from Mundra
to Village Nana Bhadia, Taluka Mandvi-Kachchh on his
motorcycle bearing registration No.GJ-12-AP-7731. He
suffered serious injuries and died during the medical
treatment in the Hospital. The petitioners being his legal
heirs and representatives including deceased-petitioner
No.5 filed MACP No.512 of 2008 in the Motor Accident
Claims Tribunal Kachchh-Bhuj to recover Rs.25,00,000/-
with interest as compensation from the respondents being
owner and insurer of the offending Dumper.
5. During the pendency of the said claim petition,
deceased petitioner No.5 herein passed away on
12.12.2013, much before the Tribunal passed judgment
and award on 2.3.2019 partly allowing the claim petition
by directing respondents herein to pay a sum of
Rs.16,76,500/- with interest @9% per annum. The Tribunal
further directed that from the awarded compensation, a
C/SCA/8779/2021 ORDER DATED: 21/10/2021
sum of Rs.40,000/- be paid to the petitioners as
compensation for consortium, as the fact of demise of
petitioner No.5 was not brought to the notice of the
Tribunal. The balance amount be disbursed amongst the
petitioners in the following ratio:
Sr. No. Name of the Claimants Ratio
1. Smt. Meghnaben Ashokbhai Doru 60%
2. Jignesh Ashokbhai Doru 10%
3. Dipesh Ashokbhai Doru 10%
4. Hansikha Ashokbhai Doru 10%
5. Samji Virji Doru 10%
6. The petitioners, thereafter, on 23.9.2019 submitted
an application, being Civil Misc. Application (MACP)
No.1656 of 2019 in MACP No.512 of 2008, wherein, it was
prayed that as claimant No.5 (petitioner No.5 herein) had
passed away during the pendency of the claim petition,
amount falling to his share may be paid to petitioner No.1
herein -Smt. Meghnaben Ashokbhai Doru being widow of
Ashokbhai Doru. The Tribunal by the impugned order
dated 31.1.2020, rejected the said application on the
ground that the order regarding disbursement was already
passed by the Tribunal in C.M.A. No.972 of 2019 on
1.7.2019. Hence, it was not desirable to allow the
application.
7. It is an undisputed fact that petitioner No.5 herein,
who was father of deceased -Ashokbhai Samji Doru passed
away during the pendency of the claim petition, however,
C/SCA/8779/2021 ORDER DATED: 21/10/2021
that fact was not brought to the notice of the Tribunal, the
Tribunal, therefore, in the judgment and award dated
2.3.2019 has held that the petitioner is entitled to receive
the compensation as per the proportion mentioned in
paragraph No.4 of the judgment.
8. It needs to be appreciated that as the fact of death of
petitioner No.5 herein was brought to the notice of the
Tribunal before pronouncement of the award, which would
have passed appropriate order for a proportion of the
share of deceased-petitioner No.5 to the remaining
claimants. However, when this fact was brought to the
notice of the Tribunal by preferring MCA No.1656 of 2019
and to give the share falling of deceased petitioner No.5 to
the petitioner No.1 herein, who happens to be widow of
the victim of the motor accident, the Tribunal ought to
have accepted the application without going into the
technicalities. In my considered view, the approach of the
Tribunal in rejecting the MCA has done great injustice to
the petitioners.
9. As noted in the forgoing paragraphs, the petitioner
once happens to be the widow of the victim of a motor
accident who is shouldering responsibility of petitioner
Nos.2 to 4, who are her minor children. It is, therefore,
apposite to allocate the amount falling to the share of the
deceased to the petitioner No.1 herein.
10. For the forgoing reasons, the impugned order dated
C/SCA/8779/2021 ORDER DATED: 21/10/2021
31.1.2020 passed in Civil Misc. Application No.1656 of
2019 (MACP No.512 of 2008) is hereby quashed and set
aside. It is hereby directed that the share of the
compensation falling to the deceased-petitioner No.5
herein be disbursed in favour of the petitioners in terms of
judgment and award dated 2.3.2019 passed in MACP
No.512 of 2008. The petition accordingly stands disposed
of.
(A.G.URAIZEE, J)
ALI
