Gujarat High Court
Khumansang @ Khumansinh Chauhan vs Pradeep Transport on 15 March, 2023
Bench: Gita Gopi
C/SCA/4355/2023 ORDER DATED: 15/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4355 of 2023
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KHUMANSANG @ KHUMANSINH CHAUHAN
Versus
PRADEEP TRANSPORT
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Appearance:
MR A R DWIVEDI(11319) for the Petitioner(s) No. 1,2
MS POOJA H HOTCHANDANI(7765) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 15/03/2023
ORAL ORDER
1. By way of this petition, the petitioners have
challenged the order dated 30.09.2022 passed by the
learned Motor Accident Claims Tribunal (Main),
Anand below Exhibit I in M.A.C.M.A. No.474 of
2022, making a prayer to quash and set aside the
impugned order and to pass an appropriate direction
to the learned Tribunal to disburse to the petitioners
the entire amount deposited by the Insurance
Company pursuant to the order dated 12.03.2022 in
First Appeal No.2218 of 2020.
2. Learned Advocate for the petitioners Mr. A.R.
Dwivedi submits that on 16.10.2017, the son of the
petitioners had met with a vehicular accident and
succumbed to the grievous injuries. M.A.C.P.
No.641 of 2017 was moved for compensation which
C/SCA/4355/2023 ORDER DATED: 15/03/2023
came to be allowed and the learned Tribunal granted
an amount of Rs.6,03,840/- as compensation by the
judgment and award dated 06.12.2021. Aggrieved by
the said judgment and award, the Insurance Company
had filed a First Appeal No.2218 of 2020 which came
to be withdrawn on the basis of consent terms and
by way of a conciliation order dated 12.03.2022, the
Appeal stood disposed. Learned Advocate Mr.
Dwivedi referring to the order and the directions
submitted that this Court by the order had directed
to disburse the entire amount of the money lying the
form of a Fixed Deposit Receipt to the claimant/s
through electronic transfer after verification. Inspite
of the above, the learned Tribunal has passed an
order to renew the Fixed Deposit Receipt for a period
of four years. It is further submitted that the order
of the learned Tribunal is against the order passed by
this Court wherein specific direction was given to
transfer the amount by electronic means to the
claimant. It is also submitted that 30% of the
amount was disbursed to the amount while the rest
70% was put in a Fixed Deposit Receipt for a period
of one year.
C/SCA/4355/2023 ORDER DATED: 15/03/2023
3. It is very unfortunate to observe that inspite of a
specific order of this Court, which is superior to the
learned Tribunal, the learned Tribunal has failed to
observe the same. The First Appeal filed by the
Insurance Company came to be withdrawn in the
Mega Lok Adalat and the upon terms as agreed upon,
conciliation order has been passed and specific
direction has given to disburse the amount which is
lying in the Fixed Deposit Receipt to the claimants,
inspite of the above the learned Tribunal has not
followed the same. However, without entering into
further details regarding the conduct of the learned
Tribunal, the concerned Tribunal is directed to follow
the directions given in the conciliation order on
12.03.2022 in First Appeal No.2718 of 2022 and let
the total amount in the Fixed Deposit Receipt be
disbursed in favour of the claimants through
electronic transfer after due verification.
4. The petition stands disposed of in the aforesaid terms.
Direct Service is permitted.
Sd/-
(GITA GOPI,J)
CAROLINE
