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Gujarat High Court
Kanti Murji Siyani vs L H Of Decd Late Alimamad Musahai Ruknani on 4 December, 2025
NEUTRAL CITATION
C/FA/2766/2025 JUDGMENT DATED: 04/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2766 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/FIRST APPEAL NO. 2766 of 2025
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 2 of 2025
In R/FIRST APPEAL NO. 2766 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Sd/-
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Approved for Reporting Yes No
✔
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KANTI MURJI SIYANI
Versus
L H OF DECD LATE ALIMAMAD MUSAHAI RUKNANI & ORS.
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Appearance:
KULDEEP J MEHTA(8571) for the Appellant(s) No. 1
MR ABHAYKUMAR P SHAH(3093) for the Appellant(s) No. 1
MR DHAIRYAWAN D BHATT(11817) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 04/12/2025
ORAL JUDGMENT
1. Admit. Learned advocates waive service of notice of
admission for the respective respondents.
2. This appeal has been preferred by the appellant against the
judgment and award dated 28.08.2023 passed by the Motor
Accident Claims Tribunal (Main), Kachchh at Bhuj in MACP No.
279 of 2019, whereby the learned Tribunal directed opponent
No.2 - the insurance company - to first deposit the amount of
compensation in favour of the claimants, with liberty to recover
the same from opponent Nos. 1 and 2.
NEUTRAL CITATION
C/FA/2766/2025 JUDGMENT DATED: 04/12/2025
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3. Heard learned advocates for the respective parties.
4. The Brief Facts of the case are that on 19.09.2019, the
deceased, Shri Alimamad Musahai Ruknani, was riding his
Scooty bearing registration No. GJ-12-BH-2487 at a slow and
moderate speed on INAL-Kafiaji Hashan Hospital Road near
Makdumsha Pir Mosque, Mandvi. At that time, the driver of a
Bolero Car bearing registration No. GJ-12-CD-4173, driving in a
rash and negligent manner at excessive speed, lost control of the
vehicle and collided with the Scooty. The deceased sustained
serious injuries and later succumbed to the said injuries.
5. Having heard the learned advocates for the respective
parties and having gone through the record it appears that the
claimants (respondent Nos. 1.1 to 1.3) filed MACP No. 279 of
2019 seeking compensation. After recording evidence, the
learned Tribunal awarded compensation of Rs.13,53,000/- with
9% interest, and held that the owner and driver of the Bolero car
were liable, granting a direction to the insurance company to
"pay and recover" on the ground that the driver did not possess
a valid and effective driving licence at the time of the accident.
The appellant, being the owner of the offending vehicle, contends
that the finding regarding absence of a valid driving licence is
erroneous, as the driving licence of opponent No.1 was already
produced on record at Exhibit 71, which clearly shows that the
licence was valid and effective on the date of the accident. This
fact is also reflected in paragraph 6 of the impugned judgment.
NEUTRAL CITATION
C/FA/2766/2025 JUDGMENT DATED: 04/12/2025
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6. The record further reveals that although the insurance
company filed an application at Exhibit 72 calling upon
opponent No.1 to produce the driving licence, the Tribunal drew
an adverse inference due to non-production, overlooking that the
licence had already been produced at Exhibit 71. Due to
inadvertence on the part of the learned advocate for the
insurance company, this fact was not pointed out before the
Tribunal.
7. In these circumstances, the finding of the Tribunal that the
insurance company had proved its defence regarding absence of
a valid driving licence is contradictory to the record. The
licence being already on record, the direction of "pay and
recover" could not have been passed. Moreover, the insurance
company has already deposited the awarded amount, and the
claimants have received the same.
8. In view of the peculiar facts and circumstances of the case,
the direction of the Tribunal exonerating the insurance company
and ordering "pay and recover" is unsustainable and requires
interference to that limited extent.
9. For the reasons recorded above, The present appeal is
allowed. The direction issued by the learned Tribunal to
opponent No.2 - insurance company - to "pay and recover" is
hereby quashed and set aside. The rest of the judgment and
award remains unaltered. Record and proceedings shall be
NEUTRAL CITATION
C/FA/2766/2025 JUDGMENT DATED: 04/12/2025
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remitted back to the concerned Tribunal forthwith.
10. Since the main matter is disposed of, the present civil
applications do not survive. Hence the same is disposed of as do
not survive.
Sd/-
(HASMUKH D. SUTHAR,J)
ALI
