Visabhai Pitambarbhai Solanki vs Lilaben Kanjibhai Padhiyar
2023 Latest Caselaw 914 Guj

     C/FA/456/2022                              ORDER DATED: 06/02/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 456 of 2022

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                     VISABHAI PITAMBARBHAI SOLANKI
                                  Versus
                       LILABEN KANJIBHAI PADHIYAR
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Appearance:
for the Appellant(s) No. 1
MS RAKSHA S DIKSHIT(5568) for the Appellant(s) No. 1
MR CHIRAYU A MEHTA(3256) for the Defendant(s) No. 7
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 06/02/2023
                             ORAL ORDER

1. By way of this Appeal, the Appellant has challenged the judgment and award dated 15.02.2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Rajkot at Dhoraji in M.A.C.P. No.73 of 2012 (Old M.A.C.P. No.276 of 2011).

2. The Record and proceedings are before this Court. The learned Tribunal in its judgment and award observed that though the present appellant was the respondent No.1 in M.A.C.P. and was served, he had not appeared and also had not filed any written statement or objection. The ground that has been prayed for by the appellant in this Appeal is that he had already sold the vehicle prior to the accident and

C/FA/456/2022 ORDER DATED: 06/02/2023

therefore, he would not be liable to pay the compensation amount as has been ordered to be recovered from him, after being paid by the Insurance Company.

3. Learned Advocate for the respondent has referred to the observations made in the First Appeal No.6065 of 2019 as also the grounds raised in the Cross Objection No.124 of 2021.

4. The grounds raised in this Appeal cannot be sustained since against the impugned judgment and award of the Tribunal,Gujarat State Road Transport Corporation (GSRTC) filed an Appeal No.6065 of 2019 and Cross Objection No.124 of 2021 was preferred by the claimant/s and the judgment and award. The order by the Division Bench was on 10.02.2022 wherein the present appellant was also made a party to the proceedings. In those proceedings, no such issue was raised from the side of the present appellant and now by way of this Appeal, the dispute has been raised which cannot be considered as this Court is of the view that the present First Appeal has been lodged to dodge the right claim of the claimant/s.

C/FA/456/2022 ORDER DATED: 06/02/2023

5. In view of the above, this Court deems it just and proper not to entertain the present Appeal and therefore, the same stands dismissed.

Sd/-

(GITA GOPI, J) CAROLINE