United India Insurance Company ... vs Mangalsinh Dolubha Chudasama
2022 Latest Caselaw 10112 Guj

     C/FA/2147/2017                                 JUDGMENT DATED: 14/12/2022




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2147 of 2017
                                     With
                  CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
                       In R/FIRST APPEAL NO. 2147 of 2017

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE A.Y. KOGJE                              Sd/-

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1    Whether Reporters of Local Papers may be allowed to see              NO
     the judgment ?

2    To be referred to the Reporter or not ?                              NO

3    Whether their Lordships wish to see the fair copy of the             NO
     judgment ?

4    Whether this case involves a substantial question of law as          NO
     to the interpretation of the Constitution of India or any
     order made thereunder ?

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                UNITED INDIA INSURANCE COMPANY LIMITED.
                                  Versus
               MANGALSINH DOLUBHA CHUDASAMA & 2 other(s)
=============================================
Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1,2,3
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    CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                              Date : 14/12/2022

                               ORAL JUDGMENT

1. This Appeal by the Insurance Company is against the judgment and award dated 21-03-2017 passed by the MAC Tribunal (Auxi), Rajkot in

C/FA/2147/2017 JUDGMENT DATED: 14/12/2022

MACP No.1500 of 2011.

2. The Appeal is raised particularly on two grounds; first, that the original opponent No.1 was driver of the vehicle and son of the deceased was holding driving license of 50CC two wheeler vehicle, whereas accident took place when he was driving two wheeler with capacity of 97.2CC. Secondly, the deduction of share of tort feasor as the original opponent No.1-driver was the son of the deceased and would fall in Class-I category in succession.

3. The Court finds that the amount of compensation awarded is Rs.4,09,200/- towards the fatal loss to the family of the claimant. Though keeping the question raised open, the Court is not inclined to interfere with the award of the Tribunal.

4. In view of the aforesaid, this Appeal deserves to and is hereby dismissed.

5. The Tribunal shall disburse the entire awarded amount lying in the FDR and/or with the Tribunal, with accrued interest thereon, if any, to the claimant, by account payee cheque, after proper verification and after following due procedure.

6. While making the payment, the Tribunal shall deduct the courts fees, if not paid, in the claim petition, in accordance with rules/law.

7. Record and proceedings of the appeal be sent back to the concerned Tribunal, forthwith.

8. In view of the order passed in the main matter, the Civil Application does not survive and stands disposed of accordingly.

Sd/-

(A.Y. KOGJE, J) PARESH SOMPURA