Heirs Of Deceased Adroja Mahadev ... vs Ramesh Kanji Gohil
2022 Latest Caselaw 8098 Guj

     C/FA/4867/2010                           ORDER DATED: 16/09/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/FIRST APPEAL NO. 4867 of 2010
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    HEIRS OF DECEASED ADROJA MAHADEV DEVSIBHAI, ADROJA
                      RANJANBEN & 4 other(s)
                               Versus
                  RAMESH KANJI GOHIL & 2 other(s)
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Appearance:
ADVOCATE NOTICE SERVED for the Appellant(s) No. 1,2,3,4
UNSERVED EXPIRED (N) for the Appellant(s) No. 5
MS GAURI KURIL for MS LILU K BHAYA(1705) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2,3
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  CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
         and
         HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                          Date : 16/09/2022
                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

Present First Appeal has been filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 15.10.2010 passed by the learned Motor Accident Claims Tribunal (Auxi.), Morbi (for short "Tribunal") in Motor Accident Claim Petition No.27/2008 by which the learned Tribunal has awarded an amount of Rs.11,41,600/- towards compensation for the death of one Mahadevbhai Devsibhai Adroja, who lost his life in a motor vehicle accident on 08.01.2008.

The present first appeal came to be admitted by the coordinate Bench 10.01.2011.

When the present matter was listed before this Court on 07.07.2022, following order was passed.

C/FA/4867/2010 ORDER DATED: 16/09/2022

"In view of the fact that the learned advocate appearing for the appellants has been elevated to the Bench, Registry is hereby directed to issue fresh Notice to the appellants, returnable on 01.09.2022."

Though notice was served to the original claimants, no body appeared and therefore, following order was passed on 01.09.2022.

"Since learned advocate who was appearing for the appellants has been elevated to the Bench of this Court, notice was issued to the appellants by an order dated 07.07.2022 making it returnable today. It appears that except appellant No.5 who has expired, remaining appellants are served.

Since today is first returnable date after service of notice on the appellants, in the interest of justice, stand over to 16.9.2022."

Learned advocate Ms. Gauri Kuril for Ms Lilu Bhaya appearing for the respondent No.3 is present.

Even today, the original claimants have neither engaged any lawyer nor have remained present. Hence, it appears that appellants are not interested in proceeding further with the present First Appeal. Hence, present first appeal is dismissed for non-prosecution.

(A.J. DESAI, J.)

(MAUNA M. BHATT, J.) Ajay