Gujarat High Court
Jyotibhai Bachubhai Ninama vs Irfanbnhai Kadarbhai Vohra on 9 September, 2024
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C/FA/352/2010 JUDGMENT DATED: 09/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 352 of 2010
With
R/FIRST APPEAL NO. 353 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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JYOTIBHAI BACHUBHAI NINAMA
Versus
IRFANBNHAI KADARBHAI VOHRA & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 09/09/2024
COMMON ORAL JUDGMENT
1. The present appeals are filed by the appellant/s-
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C/FA/352/2010 JUDGMENT DATED: 09/09/2024
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claimant/s under Section 173 of the Motor Vehicles Act,
being aggrieved by and dissatisfied with the judgment and
award dated 30.11.2009 passed by the Motor Accident Claims
Tribunal (Aux.) Nadiad in Motor Accident Claim Petition
No.78 of 2003 and 79 of 2003, by which, the Tribunal has
partly allowed the claim petitions by awarding the
compensation as indicated in the impugned judgment to be
paid to claimant/s, by holding opponents liable, jointly and
severally.
2. The facts of the present appeals are as under :
2.1 The claimant/s filed the claim petitions stating that they
were travelling in Truck No.GJ.17X.3521 as labourers and
were going in the said truck by filing grevate towards
Ahmedabad and the said truck was driven by opponent no.1
and owned by opponent no.2 in a rash and negligent manner
and at around 5.30 hours in the evening, when it was
passing through the seam of Sarali village on Kathlal-
Ahmedabad road and at that time, the driver lost control
over the said vehicle and therefore it left the road and fell
into the gutter and dashed with the tree, due to which the
labourers/claimants suffered serious injuries.
2.2 The notices were served to the opponents. Opponent
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no.3-insurance company filed the written statement. The
issues were framed by the Tribunal. Oral as well as
documentary evidence were led before the Tribunal. After
hearing the submissions made by the rival parties, the
Tribunal has partly allowed the claim petition(s) and awarded
compensation as noted above.
2.3 Hence, the claimant/s have filed the present appeals
before this Court.
3. Though these appeals are filed for enhancement of
compensation, at the time of arguments, has submitted that
he does not press the appeals for compensation. Therefore,
these appeals be disposed of as not pressed.
4. Further, the learned Tribunal has exonerated the
insurance company from payment of compensation. However,
at the time of arguments, learned advocate Mr.Nanavati, in
the peculiar facts and circumstances of the present case, has
consented that the insurance company may be fastened with
the liability to pay the compensation.
5. In view of above, without discussing anything further on
merits, the following order is passed.
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5.1 The present appeals are disposed of with a modification
in the impugned judgment and award dated 30.11.2009
passed by the Motor Accident Claims Tribunal (Aux.) Nadiad
in Motor Accident Claim Petition No.78 of 2003 and 79 of
2003 that all the opponents are jointly and severally liable to
pay the amount of compensation.
5.2 The Insurance Company is directed to deposit the entire
awarded amount along with interest and proportionate costs ,
as awarded by the learned Tribunal, from the date of claim
petition till its realisation before the concerned Tribunal,
within a period of six weeks from the date of receipt of this
order.
5.3 The amount lying with the Tribunal and/or in the FDR,
pursuant to the order of this Court if any, shall be disbursed
to the claimant, along with accrued interest thereon if any,
by account payee cheque, after proper verification and after
following due procedure, within a period of six weeks from
today.
5.4 Amount of Court fees, if admissible under the Rules, be
refunded, as the appeal filed by the claimants for
enhancement is not pressed. Record and proceedings be sent
back to the concerned Tribunal, forthwith.
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5.5 It is clarified that this order is passed in the peculiar
facts and circumstances of the present case and it may not
be considered as precedent for any of the matters.
(SANDEEP N. BHATT,J)
SRILATHA
