Royal Sundaram Alliance ... vs Meeraben Wd/O Of Bhagwandas ...
2021 Latest Caselaw 14669 Guj

     C/FA/2507/2021                                   ORDER DATED: 21/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 2507 of 2021

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019

                                    In
                       R/FIRST APPEAL NO. 2507 of 2021
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       ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY
                          Versus
      MEERABEN WD/O OF BHAGWANDAS KHATUMAL DHOLANI
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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. 1,2,3,5
MR TANMAY B KARIA(6833) for the Defendant(s) No. 4
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                               Date : 21/09/2021
                                ORAL ORDER

ORDER IN FIRST APPEAL

Heard Mr.Dakshesh Mehta, learned advocate for the appellants and Mr.Tanmay Karia, learned advocate for the respondent No.4.

Mr.Mehta, learned advocate submits that the impugned award was passed on 18.6.2018 under which, low liability was fastened on the appellant-Insurance Company. He submits that thereafter, Exhibit 64 Application was moved by the claimant on 27.8.2018, inter alia, contending that the accident occurred owing negligence of the driver of vehicle baring Registration

C/FA/2507/2021 ORDER DATED: 21/09/2021

No.GJ-06-BL-6262 and thereafter inadvertently instead of fastening liability on respondent Nos.3 and 4 (respondent No.5 herein and the appellant respectively). It was therefore, urged in the application that necessary correction may be made in the judgment and decree. The application was kept for hearing and thereafter without affording any opportunity to the appellant-Insurance Company, the order is passed on 5.12.2018 making correction in the original judgment and award substituting the appellant and respondent No.5 herein i.e. original respondent Nos.3 and 4 in the claim petition in place of original respondent No.1 and 2 of the claim petition and respondent Nos.3 and 4 herein. Mr.Mehta, learned advocate further submits that two other claim petition arising from the same accident, the appellant-Insurance Company is exonerated. He, therefore, submits that the present appeal requires consideration.

In view of the above, Notice for final disposal returnable on 17.11.2021.

Mr.Tanmay Karia, learned advocate waives service of notice for the respondent No.4.

ORDER IN CIVIL APPLICATION

Rule returnable on 17.11.2021.

Mr.Tanmay Karia, learned advocate waives service of

C/FA/2507/2021 ORDER DATED: 21/09/2021

notice of Rule for the respondent No.4.

In the meantime, there shall be stay of implementation, operation and execution of the impugned award.

(A.G.URAIZEE, J) ALI