Minor Devanshi Digvijaysinh vs Ratan Charan Parbatbhai
2025 Latest Caselaw 5650 Guj

Gujarat High Court

Minor Devanshi Digvijaysinh vs Ratan Charan Parbatbhai on 11 April, 2025

                                                                                                               NEUTRAL CITATION




                              C/MCA/588/2025                                   ORDER DATED: 11/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                               R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 588 of 2025

                                               In R/FIRST APPEAL NO. 4565 of 2023

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                                            MINOR DEVANSHI DIGVIJAYSINH & ORS.
                                                         Versus
                                             RATAN CHARAN PARBATBHAI & ORS.
                       ==========================================================
                       Appearance:
                       MS AMRITA AJMERA(5204) for the Applicant(s) No. 1,2,3,4
                       MS KIRTI S PATHAK(9966) for the Opponent(s) No. 3
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 11/04/2025

                                                            ORAL ORDER

The vehicle involved in the road accident is Tanker No. GJ 12 T 9301. According to the impugned judgment and award, the vehicle in question has been insured with the United India Insurance Company Limited.

The appellants while challenging the impugned judgment and award instead of joining United India Insurance Company Limited, has joined the New India Assurance Company Limited as a party respondent. The New India Assurance Company Limited having been served, did not raise any objec6tion that they are not insurer of the tanker involved in the road accident. Learned advocates for both the sides argued that this Court has passed the order on 29.1.2025 allowing the first appeal in tune of exceeding the amount of compensation.

NEUTRAL CITATION

C/MCA/588/2025 ORDER DATED: 11/04/2025

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However, today, learned advocates for both the parties make joint request that since New India Assurance Company Limited has been wrongly joined as insurer, order dated 29.1.2025 may be recalled permitting the appellants to join United India Insurance Company Limited as respondent No.3 by deleting New India Assurance Company Limited.

Having considered the facts and averments made, present MCA is allowed by recalling order judgment and award dated 29.1.2025.

Registry is directed to place captioned first appeal before appropriate Court having Roster.

(J. C. DOSHI,J) SHEKHAR P. BARVE