Gujarat High Court
Manojkumar Punmchand Parmar vs Rajkumar Munshikumar on 14 February, 2025
NEUTRAL CITATION
C/SCA/1158/2023 ORDER DATED: 14/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1158 of 2023
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MANOJKUMAR PUNMCHAND PARMAR & ORS.
Versus
RAJKUMAR MUNSHIKUMAR & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Petitioner(s) No. 1,2,3,4
KARAN Y VYAS(8539) for the Respondent(s) No. 4,5,6
MR TANMAY B KARIA(6833) for the Respondent(s) No. 3
NOTICE UNSERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 14/02/2025
ORAL ORDER
Order dated 27/02/2019 passed in CMA (MACP) No.928 of 2018
by the learned MACT (Auxi-3), Gandhidham-Kutchh is sought to be
challenged in this petition under Article 227 of the Constitution of India
whereby the learned tribunal directed the petitioners that until the
succession certificate is produced by them, no such amount of
compensation will be disbursed.
2. The short facts of the case are that deceased - Kamlaben died in
vehicular accident and therefore MACP came to be filed seeking
compensation of Rs.29,00,000/- by the husband and children of the
deceased. The learned tribunal after considering the evidence on record
awarded compensation of Rs.24,17,488/- with interest and cost and the
said judgment having attained finality, the insurance company deposited
the said decreetal amount.
2.1 The petitioner moved an application seeking disbursement of the
said amount at that time certain persons have filed objection to
NEUTRAL CITATION
C/SCA/1158/2023 ORDER DATED: 14/02/2025
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disbursement contending that the petitioners are not the legal heirs of the
deceased and since the objectors are brothers and sisters of deceased they
are entitled to get the compensation.
2.2 The learned tribunal after hearing the parties passed the impugned
order which has given rise to the present petition.
3. Heard learned advocates appearing for the respective parties.
4. Learned Advocate Mr.Modi appearing for the petitioners would
submit that finding of the tribunal to obtain the succession certificate is
contrary to its own order; whereby learned tribunal sitting in appeal
against its own order. He would submit that learned tribunal not only
granted the compensation; but also ordered for apportionment and
thereafter in absence of any order reviewing its earlier order, the learned
tribunal cannot ask the petitioners to produce the succession certificate.
In his submissions, the order passed is bad and nullity and therefore he
would submit to allow this petition.
5. Objecting the petition, learned advocate Mr.Morakhiya for
Mr.Vyas, learned advocate for the respondent nos.4 to 6 would submit
that deceased out of her first wedlock gave birth to two children and
therefore, they filed objection contending that they are also entitled to get
the compensation as well. He would therefore submit that learned tribunal
has rightly passed the order directing the petitioner to get the succession
certificate and this Court therefore may not interfere with the said finding.
6. Learned advocate Mr.Karia for the insurance company would
submit that awarded amount has been deposited.
NEUTRAL CITATION
C/SCA/1158/2023 ORDER DATED: 14/02/2025
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7. Having heard the learned advocates appearing for the respective
parties and after arguing to some extent, both the sides have reached to
the consensus that let two sons of deceased-Kamlaben including their
heirs to approach the learned tribunal for getting the amount of
compensation; besides the claimants and the learned tribunal may decide
as to what share each of the person/s including the claimants and two
sons of deceased - Kamlaben would be entitled to by re-fixing the
apportionment afresh.
8. Accordingly, the impugned order is quashed and set aside. Two
sons or surviving heirs of deceased - Kamlaben are at liberty to file
necessary application before the learned tribunal and they are at liberty to
raise their claim in the said proceedings within outer limit of three months
from today. If such application is filed as stated herein above, the same
shall be decided within outer limit of six months from the date of the
filing of such application and the learned tribunal shall decide as to how
much share each person/s i.e. claimants and two sons of the deceased -
Kamlaben or their legal heirs are entitled to by fixing a fresh
apportionment.
9. It is brought to the notice of this Court that respondents no.4 to 6
have filed review petition being MCA No.285 of 2019 wherein delay is
condoned and pending for hearing. The said review petition is ordered to
be tagged and heard with CMA (MACP) No.928 of 2018.
(J. C. DOSHI,J)
sompura
