Jagatsinh Kalusinh Rathod vs Divyeshkumar Shankarlal Sangada
2023 Latest Caselaw 7431 Guj

                                                                                  NEUTRAL CITATION




     C/FA/4295/2023                               ORDER DATED: 07/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 4295 of 2023

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                      JAGATSINH KALUSINH RATHOD
                                Versus
                  DIVYESHKUMAR SHANKARLAL SANGADA
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
for the Defendant(s) No. 3
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 4
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2
PARIMALSINH PARMAR(7296) for the Defendant(s) No. 1
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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 04.05.2019 passed by the claim Tribunal, Panchmahal at

Godhra, original claimant-appellant has preferred present appeal

under Section 173 of the Motor Vehicle Act.

3. Mr.Nishit A. Bhalodi, 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 to the settled principle of law, and

therefore, on this count, the matter may be remanded to the

NEUTRAL CITATION

C/FA/4295/2023 ORDER DATED: 07/10/2023

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Tribunal to decide the issue afresh in accordance with law.

4. On the other hand, Mr.Rathin Raval, learned advocate for

respondent no.4 as well as Ms.Kirti Pathak, learned advocate for

respondent no.2, 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 04.05.2019 in MACP

No.568 of 2014 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

claim Tribunal shall not count and award interest on

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C/FA/4295/2023 ORDER DATED: 07/10/2023

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

04.05.2019 to 03.05.2011.

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

as to costs. Direct Service is permitted.

(ILESH J. VORA,J) Rakesh