Devikaben Gunvantlal Brahmbhatt vs Navinkumar Ranchodbhai ...
2023 Latest Caselaw 7424 Guj

                                                                                  NEUTRAL CITATION




     C/FA/3108/2022                               ORDER DATED: 07/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3108 of 2022

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                  DEVIKABEN GUNVANTLAL BRAHMBHATT
                               Versus
                  NAVINKUMAR RANCHODBHAI PRAJAPATI
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Appearance:
VIRAL K VASHI(8220) for the Appellant(s) No. 1
for the Defendant(s) No. 1
ARUNKUMAR R DAVE(8949) for the Defendant(s) No. 2
HCLS COMMITTEE(4998) for the Defendant(s) No. 1
MR KEYUR A VYAS(3247) for the Defendant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 4
NOTICE SERVED BY DS for the Defendant(s) No. 3
SHARMISHTA A DAVE(8735) for the Defendant(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 07/10/2023

                               ORAL ORDER

1. Heard learned advocates for the respective parties.

2. Being dissatisfied with the impugned judgment and award

dated 05.01.2018 passed by the claim Tribunal, Gandhinagar,

original claimant-appellant has preferred present appeal under

Section 173 of the Motor Vehicle Act.

3. Learned advocate for the appellant, assailing the judgment

and award, states that the dismissal on merits, without giving an

opportunity to the claimant to adduce the evidence, is contrary

NEUTRAL CITATION

C/FA/3108/2022 ORDER DATED: 07/10/2023

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to the settled principle of law, and therefore, on this count, the

matter may be remanded to the Tribunal to decide the issue

afresh in accordance with law.

4. On the other hand, learned advocates for the respondents

state that there was lethargic approach on the part of the

claimant and in that view of the matter, the Tribunal having no

option. Thus, therefore, the impugned judgment and award does

not require interference.

5. Having learned advocates for the respective parties and on

perusal of the impugned judgment and award, it appears that

the claimant - appellant did not appear before the Tribunal as a

result, the Tribunal has dismissed the claim petition on merits in

the judgment form. This approach is not sustainable in law. In

such circumstances, without entering into the merits of the case,

the impugned judgment and award dated 05.01.2018 in MACP

No.207 of 2012 is quashed. The claim Tribunal shall decide the

matter on its own merits, in accordance with law. The claimant -

appellant shall cooperate with the proceedings.

6. Considering the conduct of the appellant herein, if the

claimant succeeds in getting the amount of compensation, the

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C/FA/3108/2022 ORDER DATED: 07/10/2023

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claim Tribunal shall not count and award interest on

compensation, for a period of three years i.e. commencing from

2018 to 04.01.2021.

7. Accordingly, present appeal stands disposed of. No order

as to costs. Direct Service is permitted.

(ILESH J. VORA,J) Rakesh