Gujarat High Court
Kiranbhai Chimanlal Patni vs Oriental Insruance Company Ltd on 27 June, 2024
NEUTRAL CITATION
C/FA/4095/2018 ORDER DATED: 27/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4095 of 2018
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KIRANBHAI CHIMANLAL PATNI
Versus
ORIENTAL INSRUANCE COMPANY LTD & ORS.
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Appearance:
MR MOHSIN M HAKIM(5396) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 1
MR HG MAZMUDAR(1194) for the Defendant(s) No. 1
NOTICE NOT RECD BACK for the Defendant(s) No. 5
SAQUIB S ANSARI(7152) for the Defendant(s) No. 2,3,4,6,7
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 27/06/2024
ORAL ORDER
1. This appeal is filed being aggrieved and
dissatisfied with the judgment and award dated 30.9.2013
passed by the MACT Tribunal (Aux.), Vadodara in MACP
No.1210 of 2009 and judgment and order dated 1.4.2017
passed in Review Application No.11 of 2013 in MACP
No.1210 of 2009.
2. Heard learned advocates Mr.Hakim, Mr.Mazmudar
and Mr.Ansari for the respective parties.
3. It is submitted that the learned Tribunal has
passed the order in the case where the deceased was driving
NEUTRAL CITATION
C/FA/4095/2018 ORDER DATED: 27/06/2024
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the truck and he was murdered while he was on duty and
the murder has taken place in the truck. While awarding the
amount of Rs.3,45,500/- with 9% interest, the learned
Tribunal has exonerated the insurance company on the
ground that the driving licence of the driver is not produced
on the record and therefore, there is breach of condition of
policy. The review application was filed which is not
considered by the learned Tribunal, though the licence of the
driver of of the truck was produced. Therefore, this appeal is
filed.
4. I have considered the submissions made by the
learned advocates and also perused the impugned judgments
and orders passed in the claim petition as well as in the
review application.
5. Prima facie, it transpires that when the order is
passed by the learned Tribunal in the claim petition, at that
point of time, admittedly the driving licence is not produced
on the record. Therefore, the learned Tribunal has exonerated
the insurance company. Thereafter, by way of review
application, the licence is also produced on the record of the
learned Tribunal, however, the learned Tribunal has rejected
the application on the ground that it is beyond the scope of
the Tribunal in review.
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6. Considering the facts and circumstances of the
case and that now the material document i.e. driving licence
is already available with the parties and the parties could
not produce the driving licence at the relevant point of time,
it will be appropriate to remand the matter back to the
learned Tribunal with a view to examine the rival
contentions afresh by giving one more opportunity to the
parties to place the necessary documents on record.
7. In view of the above, the impugned judgment and
awards dated 30.9.2013 passed by the MACT Tribunal (Aux.),
Vadodara in MACP No.1210 of 2009 and judgment and order
dated 1.4.2017 passed in Review Application No.11 of 2013 in
MACP No.1210 of 2009 are hereby quashed and set aside.
The learned Tribunal is directed to decide the claim petition
afresh by giving opportunity to the owner of the vehicle to
produce the driving licence on the record and by giving
opportunity to the parties to raise all necessary contentions
in this regard, without being influenced by the observation
made by this Court in the earlier order independently and in
accordance with law, as expeditiously as possible, preferably
on or before 31.12.2024. It is needless to say that the parties
shall cooperate in the proceedings without asking for
unnecessary adjournments.
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C/FA/4095/2018 ORDER DATED: 27/06/2024
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8. With the above observations, this appeal is
disposed of. R & P be sent back to the learned Tribunal
within a period of two weeks.
(SANDEEP N. BHATT,J)
SRILATHA
