Maniben Keshubhai Parmar vs Chakubhai Keshubhai Chudasama
2023 Latest Caselaw 6193 Guj

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     C/SCA/10913/2023                         JUDGMENT DATED: 23/08/2023

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 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


       R/SPECIAL CIVIL APPLICATION NO. 10913 of 2023

FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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      Whether Reporters of Local Papers may be
 1                                                                NO
      allowed to see the judgment ?
 2 To be referred to the Reporter or not ?                        NO
      Whether their Lordships wish to see the fair copy
 3                                                                NO
      of the judgment ?
   Whether this case involves a substantial question
 4 of law as to the interpretation of the Constitution            NO
   of India or any order made thereunder ?

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            MANIBEN KESHUBHAI PARMAR
                         Versus
         CHAKUBHAI KESHUBHAI CHUDASAMA
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Appearance:
BHAVIN B THAKAR(9371) for the Petitioner(s) No. 1
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 5
MR. HEMAL SHAH(6960) for the Respondent(s) No. 1,2,3
RULE SERVED for the Respondent(s) No. 4
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI




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     C/SCA/10913/2023                           JUDGMENT DATED: 23/08/2023

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                           Date : 23/08/2023

                         ORAL JUDGMENT

1. Learned advocate Mr. Bhavin Thakar for the petitioner states

that the petitioner is a lady, aged 91 years and she is the mother of

deceased - Champaben, and, as per the proceedings on record, she

was totally dependent on the deceased; she had moved the Tribunal

by filing an application, exh. 20 in Motor Accident Claim Petition

No. 1188 of 2020, to join her as applicant No. 4 and the learned

Tribunal had passed an order of notice to the other side, however,

keeping aside the said fact, the matter came to be disposed of in Lok

Adalat and an order came to be passed on 13.05.2023, which is

impugned in this petition, without even considering the pendency of

the aforesaid application, exh. 20, filed by the present petitioner,

being dependent of the deceased, who was entitled to claim the

compensation amount.

2. As against this, learned advocate Mr. Meena for the

respondent - insurance company, submitted that the parties had, on

their own volition, entered into the settlement and it is the claimants,

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C/SCA/10913/2023 JUDGMENT DATED: 23/08/2023

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who have to inter se decide their apportionment from the

compensation so granted and the insurance company cannot be sent

again for the trial as it would amount to double jeopardy.

3. While Mr. Hemal Shah, learned advocate for the respondent

Nos. 1, 2 and 3 - original claimants, stated that the petitioner would

have no right for compensation since she is not the dependent of the

deceased and the respondent Nos. 1, 2 and 3 have settled their claim

in the Lok Adalat, which has become final in view of the award

passed.

4. Perused on record, the papers of Criminal Misc. Application

No. 413 of 2017 which was moved by the deceased before the

concerned Court at Una under Section 125 of the Criminal

Procedure Code, 1973 (CrPC) and according to the same, the

deceased was staying along with her mother i.e. present petitioner

and was not staying with her husband or the other (original)

claimants and the petitioner - mother of the deceased had moved the

application, exh. 20 before the learned Tribunal to join her as

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applicant No. 4 in the said claim petition.

4.1 The facts suggest that the deceased was residing with her

mother i.e. present petitioner and the petitioner would be one of the

persons, entitled to file the claim petition for compensation and

when application, exh. 20 was filed on record to consider the

petitioner as applicant No. 4, let Motor Accident Claim Petition No.

1188 of 2020 be restored to file for the limited purpose by allowing

the applicant to pursue the claim petition.

5. In the result, the petition succeeds and is accordingly, allowed.

Impugned order dated 13.05.2023, passed by the learned Motor

Accident Claims Tribunal (Special), Rajkot in Motor Accident

Claim Petition No. 1188 of 2020 is set aside and the claim petition is

restored to file. The application, exh. 20, filed by the present

petitioner is hereby allowed and petitioner - Maniben Keshubhai

Parmar is permitted to be joined as applicant No. 4 in the claim

petition being Motor Accident Claim Petition No. 1188 of 2020.

The Tribunal concerned is directed to decide the claim petition on

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merits, in accordance with law, giving due opportunity of hearing to

the either side, as expeditiously as possible, but not later than six

months from the date of receipt of this order. Rule is made absolute

accordingly. Direct service is permitted.

[ Gita Gopi, J. ] hiren /116