Gujarat High Court
National Insurance Co Ltd vs Faruk Ahmed S/O Alisherkha on 10 August, 2022
Bench: Gita Gopi
C/FA/3808/2019 ORDER DATED: 10/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3808 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 3808 of 2019
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NATIONAL INSURANCE CO LTD
Versus
FARUK AHMED S/O ALISHERKHA
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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
MR TANMAY B KARIA(6833) for the Defendant(s) No. 8
RULE UNSERVED for the Defendant(s) No. 1,2,3,4,5,6,7
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 10/08/2022
ORAL ORDER
1. Mr. Dakshesh Mehta, learned advocate for the
appellant submits that the challenge is given by the
Insurance Company to the order passed under Section
140 of the M.V. Act in MACP No. 503 of 2018 filed under
Section 166 of the M.V. Act, 1988 before the MACT (Aux)
Rajkot claiming compensation of Rs. 12,00,000/- under
the ground that the deceased worked as cleaner of Truck
No. GJ-18-T-1205, and on 23.09.2002, he was on duty and
the Truck dashed with Car bearing Number GJ-15-X-8046
and as a result, he sustained serious injuries and
C/FA/3808/2019 ORDER DATED: 10/08/2022
succumbed to death. Mr. Mehta submitted that the
Hon'ble Tribunal ought to have considered that the claim
petition was filed only after a period of 16 years and on
26.4.2018 without any explanation for the inaction for 16
years, which itself creates suspicion. Mr. Mehta referred
to the judgment of the Hon'ble Supreme Court in case of
M/s. Purohit and Company v. Khatoonbee and Another,
passed in Civil Appeal No. 2555 of 2017 decided on
25.1.2010 to submit that though the limitation has been
done away of by the amendment, however, every claim
petition ought to have been filed within a reasonable time
so as to inspire confidence and to consider it to be
genuine claim.
2. It appears from the order of the Auxiliary Tribunal
that the said judgment and award in case of M/s. Purohit
and Company (Supra) was placed for consideration and
placing reliance on the case of New India Assurance Co.
Ltd. V. Kalabhai Maganbhai Koli passed in Civil First
Appeal No. 2103 of 2005 decided by this Hon'ble High
C/FA/3808/2019 ORDER DATED: 10/08/2022
Court on 17.11.2014, the learned Tribunal had allowed
the Application Exh-7 and ordered Insurance Company to
pay Rs.50,000/- to the claimant as interim compensation.
3. It appears from the order that certain observation
has been made by the learned Tribunal for considering
the Application under Section 140 of the M.V. Act. This
Court had admitted the matter on 4.9.2019 and had also
passed ad-interim stay, however, the Insurance Company
was directed to deposit the interim compensation money,
which, as reported by Mr. Mehta for the Insurance
Company has complied with the order and the amount
has been deposited before the learned Tribunal
concerned.
4. As per the date of accident and the filing of the
complaint, there is an inordinate delay of 16 years. The
claimants are required to explain the delay. The pendency
of this matter would ultimately stay the whole
proceedings of MACP No. 503 of 2018.
C/FA/3808/2019 ORDER DATED: 10/08/2022
5. Thus, in the interest of both the parties, it would be
necessary that the trial proceedings get expedited and
final conclusion of the matter is drawn by the tribunal on
evidence of both the sides. Thus, it is directed that in
MACP No. 503/2018 the issues be drawn on the very next
date of the receipt of this writ order and in the meantime,
the said amount of interim compensation which is
deposited under Section 140 of the M.V. Act be put in FD
for a period of about one year and the matter be decided
on merits after granting opportunity to both the sides to
adduce the evidence and thus the amount deposited
under Section 140 of the M.V. Act would be subject to the
final outcome of the said MACP.
Both the First Appeal as well as Civil Application
stand disposed of.
(GITA GOPI,J)
SAJ GEORGE
