United India Insurance Co Ltd vs Dhaniben Arvindbhai Padhiyar
2023 Latest Caselaw 2100 Guj

     C/FA/2126/2019                               ORDER DATED: 06/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2126 of 2019

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                      UNITED INDIA INSURANCE CO LTD
                                   Versus
                      DHANIBEN ARVINDBHAI PADHIYAR
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Appearance:
MR R G DWIVEDI(6601) for the Appellant(s) No. 1
MR CHIRAYU A MEHTA(3256) for the Defendant(s) No. 9
MR H M SHAH(3997) for the Defendant(s) No. 5,6
MR PRADEEP R MISHRA(10206) for the Defendant(s) No. 1,2,3,4
RULE SERVED for the Defendant(s) No. 7,8
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 06/03/2023

                               ORAL ORDER

1. The appellant is challenging judgment and award dated 26.4.2018 passed by Motor Accident Claims Tribunal (Aux), Vadodara, in MACP No.302 of 2008.

2. It is stated that three claim petitions were filed for the vehicular accident which had occurred on 21.11.2007.

3. Mr.Dwivedi, learned advocate for the appellant stated that Motor Accident Claim Petition Nos.457 of 2008 and 399 of 2008 came to be decided in the First appeal No.3419 of 2017 and First Appeal No.1671 of 2019 respectively, by orders dated 1.2.2023 and 7.2.2023 by the coordinate Bench and MACP No.457 of 2008 was remanded back to the Tribunal from the stage of cross-examination of the claimant, while First Appeal No.1617 of 2019 (Motor Accident Claim Petition No.399 of

C/FA/2126/2019 ORDER DATED: 06/03/2023

2008) was disposed of on 7.2.2023 on the ground of smallness of the amount.

4. Mr.Chirayu Mehta, learned advocate for the insurance company and learned advocates Mr.H.M.Shah and Mr.Pradeep Mishra, all have acceded to the order so passed in the aforesaid First Appeals.

5. Mr.Dwivedi, learned advocate for the appellant raised the contention that the stage of cross-examination of the claimant came to be closed by the Tribunal since learned advocate on record was not aware of transfer of the matter from one Tribunal to another and could not attend the matter. Mr.Dwivedi, learned advocate for the appellant also submitted that no fresh notice was issued and has made a prayer for indulgence in the matter. He has prayed that the Court may dispose of this appeal in same line as per order dated 1.2.2023 passed in First Appeal No.3419 of 2017 submitting that principles of natural justice are required to be followed.

6. Mr.Chirayu Mehta, learned advocate for respondent no.9- insurance company submitted that rights of all the parties may be kept open so that the parties can raise all contentions.

7. In view of above, present appeal is disposed of and the matter is remanded back to the concerned Tribunal and Motor Accident Claims Petition No.302 of 2008 is ordered to be decided from the stage of cross-examination of the claimant. The amount deposited by the insurance company can be

C/FA/2126/2019 ORDER DATED: 06/03/2023

disbursed in favour of the claimants as per order dated 16.7.2019, which will be subject to final result of the claim petition. It is made clear that this Court has not entered into the merits of the case. Record and Proceedings be sent back to the concerned Tribunal forthwith along with paper book.

(GITA GOPI,J) R.S. MALEK