Oriental Insruance Company Ltd vs Patel Alpeshbhai Dahyabhai
2023 Latest Caselaw 2012 Guj

     C/FA/832/2023                                    ORDER DATED: 02/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 832 of 2023

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                  ORIENTAL INSRUANCE COMPANY LTD
                               Versus
                PATEL ALPESHBHAI DAHYABHAI & 1 other(s)
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
for the Defendant(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                             Date : 02/03/2023

                              ORAL ORDER

1. Challenge is given to the judgment and award

dated 27.9.2016 delivered by learned 3rd MACT

(Aux), Mehsana at Visnagar in MACP no.465/12

(Old no.505/07) mainly on the ground that

the claim petition was transferred from

Mehsana to Visnagar Tribunal and no notice

was issued by the Tribunal at Visnagar and

thus, it has been urged by the appellant-

insurance Company that they could not defend

their case. Hence, Mr. Palak Thakkar,

learned advocate for the appellant states

C/FA/832/2023 ORDER DATED: 02/03/2023

that it is in complete violation of

principles of natural justice.

2. Transfer of the petition would be under the

administrative orders of the Court when the

jurisdiction is granted to the concerned

Tribunal. As per the record, the insurance

Company was represented by learned advocate

Mr. K.B. Brahmbhatt and the observation in

the judgment shows that learned advocate for

the opponent no.2 appeared, but had not

filed any written statement. There is no

reason to entertain the appeal on that very

ground since as observed, the insurance

Company was represented by an advocate.

3. For other grounds so raised regarding the

income and disability and further the

multiplier in accordance to the impugned

judgment show that all these grounds have

been appropriately addressed by the Tribunal

C/FA/832/2023 ORDER DATED: 02/03/2023

in view of the judgment of the Hon'ble Apex

Court. Hence, the appeal is not required to

be entertained and stands dismissed.

(GITA GOPI,J) Maulik