National Insurance Company vs Lh Of Decd Chandubhai Galabhai ...
2021 Latest Caselaw 13725 Guj

     C/FA/1054/2020                              ORDER DATED: 09/09/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/FIRST APPEAL NO. 1054 of 2020
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                                  In
                    R/FIRST APPEAL NO. 1054 of 2020
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                    NATIONAL INSURANCE COMPANY
                                Versus
              LH OF DECD CHANDUBHAI GALABHAI PARMAR
================================================================
Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
MR. RUSHANG D MEHTA(6989) for the Appellant(s) No. 1
for the Defendant(s) No. 1,1.1,1.2,1.3,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                  Date : 09/09/2021
                   ORAL ORDER

Order in First Appeal

1. Heard Mr. Dakshesh Mehta, learned advocate for the appellant.

2. Mr. Mehta, learned advocate has drawn the attention of this Court to the averments pleaded in para- No.1, 2 and 3 which are as under:-

"1. The Resp. No.1 & 2 being parents of deceased Bhaylalbhai Chandubhai Parmar had original MACP No.6/2007 before the Motor Accident Claims Tribunal, Bharuch claiming compensation of Rs.10,00,000/- (Rupees Ten lacs only) under Section 166 of the Motor Vhicle Act for the death of their son because of the accident accurred on 03/11/2006 when he was going on motorcycle No.GJ-16-S2742 at about 3 O' clock in the noon at that time one Truck No. HR-55-A-3471 came and dashed with the deceased near Petrol pump of Kandari village and their son succumbed to death. The said Motor Accident Claim Petition was thereafter transferred to Motor Accident Claims Tribunal (Aux.), Ankleshwar and was renumbered as MACP No.241/2013. Ld. Judge of the Motor Accident Claims Tribunal (Aux.), Ankleshwar was pleased to pass an award dated 28/02/2018 directing the petitioner Insurance Company to

C/FA/1054/2020 ORDER DATED: 09/09/2021

pay Rs.8,19,700/- (Rupees Eight Lacs Nineteen Thousand Seven Hundred Only) alongwith interest @ 9% per annum till realization.

2. It is respectfully submitted that thereafter the Resp. No.1 & 2 herein had filed Excution Proceedings No.22/2018 in Moor Accident Claim Petition No.241/2013 wherein notice was issued to the appellant Insurance Company. On receipt of the notice, it came to the notice of the appellant Company that for the death of Shri Bhaylalbhai Chandubhai Parmar, the amount of compensation is already paid in some other Motor Accident Claim Petition i.e. MACP No.187/2006 which was filed by one Marmadaben alias Nishaben Bhaylalbhai Parmar before the Motor Accident Claims Tribunal, Narmada. It is respectfully submitted that the Resp. No.1 and 2 had also filed an application dated 11/04/2019 for issuance of Jangam against the Insurance Company at Ex.10 in Execution Proceedings No.22/2018.

3. The appellant Insurance Company had realized that some serious fraud has been committed in this matter by way of filing two different MACPs at two different Motor Accident Claims Tribunals by two different groups of legal heirs and in MACP No.1876/2006, the amount of compensation has already been deposited on 9 th July, 2014 alongwith cost and interest and the award was complied. Thus the appellant Company has filed Special Civil Application No.13196/2019 before this Hon'ble Court and this Hon'ble Court was pleased to issue notice by order dated 06/06/2019. And stay against execution was also granted by order dated 09/08/2019 by this Hon'ble Court (Coram : Hon'ble Mr. Justice Paresh Upadhyay)."

3. Mr. Mehta, learned advocate submits that Special Civil Application No.13196/2019 is preferred by the appellant to challenge the proceedings of Execution Petition No.22/2018 for execution of judgment and award rendered by MACT, Ankleshwar in MACP No.241/2013 in respect of the selfsame accident. It is his submission that the coordinate bench of this Court has stayed the further proceedings of execution petition. He, therefore, urges that the present petition may be admitted and ordered to be heard with Special Civil Application No.13196/2019.

C/FA/1054/2020 ORDER DATED: 09/09/2021

4. In view of the above, Appeal Admit.

5. To be heard along-with Special Civil Application No.13196/2019.

Order in Civil Application Mr. Mehta, learned advocate for the applicant does not press this application at this stage in view of the order passed in Special Civil Application No.13196/2019.

Hence, Civil Application stands disposed of as not pressed.

(A.G.URAIZEE, J)

Manoj