Reliance General Insurance ... vs Sayed Khan Rozhan Khan
2022 Latest Caselaw 993 Guj

      C/SCA/3271/2018                            ORDER DATED: 31/01/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 3271 of 2018

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              RELIANCE GENERAL INSURANCE COMPANY LTD
                               Versus
                  SAYED KHAN ROZHAN KHAN & 5 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MR JM BAROT(143) for the Respondent(s) No. 3,4,5,6
RULE UNSERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                            Date : 31/01/2022

                             ORAL ORDER

1. The present petition is filed by the Insurance Company challenging the impugned judgment and order passed by the Motor Accident Claims Tribunal, Mehsana dated 01.07.2017 below Exh. 78 in MACP No. 157 of 2012, whereby the Tribunal has rejected the application of the petitioner.

2. The brief facts of the present case are as under.

2.1 On 30.12.2011 the deceased- Tulsibhai Ishwarbhai Patel was riding on a motorcycle bearing registration No. GJ-15-SS-

416. When the deceased was passing through Forty Road of GIDC, 3rd Phase Vapi, Gujarat, a truck bearing registration No. MH-04-DD-2237 dashed with the motorcycle. As a result of which, he sustained injuries and died on the spot.

3. Learned advocate for the petitioner has submitted that

C/SCA/3271/2018 ORDER DATED: 31/01/2022

the truck was having road permit for Maharashtra State only. It is submitted that the truck could not have been plied in the Gujarat, if it was not having valid road permit to ply within the Gujarat. It is submitted that in this regard, the petitioner - Insurance Company had moved an application before the Tribunal whether the offending vehicle having valid permit and tax, issued by the State of Gujarat or not, which was rejected by the Tribunal.

4. Mr. J.M. Barot, learned advocate for the respondent has raised objection that the Tribunal has rightly rejected the application, since it is belated stage.

5. Having heard learned advocates for the parties and having considered the facts and circumstances of the present case, I am of the view that contention of the petitioner- Insurance Company has to be examined by the Tribunal by giving them a proper opportunity by leading evidence and for that, if the Insurance Company wanted to examine certain documents, the application can not be thrown away by the Tribunal merely on flimsy ground, the present petition deserves to be allowed.

6. In view of above, the following order is passed.

6.1    The present petition is allowed.


6.2    The impugned judgment and order passed by the Motor

Accident Claims Tribunal, Mehsana dated 01.07.2017 below Exh. 78 in MACP No. 157 of 2012 is hereby quashed and set aside.

C/SCA/3271/2018 ORDER DATED: 31/01/2022

6.3 The Tribunal is directed to decide the claim petition within a period of six months from the date of receipt of this order. The parties shall co-operate with the proceedings pending before the Tribunal. Rule is made abssolute.

(HEMANT M. PRACHCHHAK,J) SALIM/