United India Insurance Co vs Shitalben Gordhanbhai Nakla ...
2022 Latest Caselaw 4285 Guj

     C/FA/2972/2012                          ORDER DATED: 20/04/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/FIRST APPEAL NO. 2972 of 2012

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                UNITED INDIA INSURANCE CO
                           Versus
SHITALBEN GORDHANBHAI NAKLA SINCE DECD. THROUGH HEIRS
                         & 3 other(s)
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
MR AB GATESHANIYA(3766) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 3,4
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                         Date : 20/04/2022

                           ORAL ORDER

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (MV Act) is filed by the appellant - United India Insurance Co. Ltd. (insurance company) against an order dated 17.04.2012 passed below interim application Exh. 5 in Motor Accident Claim Petition No. 252/2011, filed under Section 140 of the MV Act, seeking interim compensation under the principle of No Fault Liability to the tune of Rs.50,000/-, passed by the learned Motor Accident Claims Tribunal (Main), Surendranagar.

2. A perusal of the record reveals that the main claim petition being Motor Accident Claim Petition No. 252/2011 itself is decided finally by judgment and award dated 31.12.2016, passed by the learned Motor Accident Claims Tribunal (Aux.), Surendranagar by which, the Tribunal was pleased to award compensation in the sum of Rs.1,72,000/- with interest and costs to the claimants of

C/FA/2972/2012 ORDER DATED: 20/04/2022

the said claim petition, holding all the opponents therein liable to pay the compensation, meaning thereby, present appellant - insurance company is also held liable to pay the compensation as one of the opponents.

3. In aforesaid view of the matter, when the main claim petition itself is decided, as aforesaid, this appeal, which is filed challenging an order passed under Section 140 of the MV Act granting interim compensation, does not survive. This appeal, accordingly, is disposed of.

[ A. C. Joshi, J. ] hiren