Gujarat High Court
Lh Of Rameshbhai Bhagwanbhai Thakore vs Dushyantsinh Pravinsinh Ravalji on 30 January, 2025
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C/FA/2502/2024 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2502 of 2024
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LH OF RAMESHBHAI BHAGWANBHAI THAKORE & ORS.
Versus
DUSHYANTSINH PRAVINSINH RAVALJI
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Appearance:
MR. AAMIR S PATHAN(7142) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5
NOTICE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 30/01/2025
ORAL ORDER
1. Heard learned advocate Mr.Aamir S. Pathan for the
appellants - original claimants.
2. None remained present for the other side.
3. The present First Appeal is at the behest of the original
claimants challenging judgment and award passed in MACP
No.2831 of 2017 (Old No.196 of 2017).
4. Brief facts of the case are as under:-
4.1 That the deceased Rameshbhai on 31.12.2016, was going
on his motorcycle bearing registration no.GJ-06 CL-179 from
Malpur to Segva. At that time. The driver of the luxury bus
bearing registration no.GJ-12 T-4604 came by driving his bus in
rash and negligent manner with an excessive speed and
violently dashed with the motorcycle of the deceased
Rameshbhai. As a result, the deceased sustained severe
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injuries and succumbed to those injuries and therefore, the
claimants have filed the present claim petition for the
compensation of Rs.70,00,000/- against the respondents.
5. The claim petition No.2831 of 2017 (Old No.196/2017)
has been dismissed by the learned Tribunal on the ground that
neither the claimants nor their learned advocate since long
remained present despite the notice was issued at Exh.-8. No
alternative option left with the learned Tribunal except to
dismiss the claim petition.
6. It is trite to note that the claim petition filed under
Section 166 of the M.V Act at the behest of the victim of the
road accident is of sympathetical consideration on the ground
that the Motor Vehicle Act itself is beneficial piece of
Legislation. Here, the victim of the road accident has neither
lost limb nor life due to road accident. Section 168 of the M.V.
Act cast duty upon the Claim Tribunal to pay the amount by
granting just, fair and adequate compensation. In the case on
hand, the learned Tribunal was handicapped because of
absence of claimants or his learned advocate and could not
proceed further in the matter. Lastly, having granted sufficient
time, the learned advocate could not remain present before
the learned Tribunal.
7. I see no error in the impugned judgment and award. Yet,
the claimants, in the sympathetical consideration, deserve one
more chance to lead evidence before the learned Tribunal.
8. For the reasons stated hereinabove, present First Appeal
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is allowed and impugned judgment and award is quashed and
set aside. MACP No.2831 of 2017 (Old No.196/2017) is restored
to the file of the learned Tribunal. The claimants shall remain
present before the learned Tribunal on 12.02.2025. The
claimants would not be entitled to the interest, if any, atleast
for the time period commencing from 27.08.2021 till
01.04.2022. Both the parties are at liberty to lead evidence, if
they so desire.
9. Registry shall ensure that the Record & Proceedings of
the matter are sent back to the concerned Tribunal before
12.02.2025.
(J. C. DOSHI,J)
Dolly
