Gujarat High Court
Popatbhai Hakubhai Kalal vs New India Assurance Co. Ltd on 17 July, 2025
NEUTRAL CITATION
C/SCA/14738/2023 ORDER DATED: 17/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14738 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 14809 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 14779 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 14744 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 14756 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 14769 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 2256 of 2024
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POPATBHAI HAKUBHAI KALAL & ORS.
Versus
NEW INDIA ASSURANCE CO. LTD. & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Petitioner(s) No. 1,2,3,4,5,6,7
MR NAGESH C SOOD(1928) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 17/07/2025
COMMON ORAL ORDER
1. Heard Mr. Nishit Bhalodi, learned advocate for the
petitioner and Mr. Nagesh Sood, learned advocate has entered
his appearance on behalf of the respondent no.1- Insurance
Company.
2. The present petitions are filed invoking supervisory writ
jurisdiction of this Court under Article 226 read with Article 227
of the Constitution of India praying for quashing and setting
aside the the proceedings being Execution Petition Nos.8, 9, 11,
12, 13, 15 and 16 of 2021 preferred by the present respondent
no.1 before the Motor Accident Claims Tribunal, Idar seeking
NEUTRAL CITATION
C/SCA/14738/2023 ORDER DATED: 17/07/2025
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enforcement of the judgment dated 15.09.2014 passed by this
Court in First Appeal No. 151 to 161 of 2004, whereby, this
Court has allowed the appeals preferred by the Oriental
Insurance Company Limited being insurer of the vehicle truck
involved in the accident and at the same time giving liberty to
the claimant to realize the entire award amount from the other
Insurance Company- original opponent no.3 i.e. New India
Assurance Company Limited with liberty to the said opponent to
realize 30% from the owner and driver of the Jeep.
3. The sole ground on which the present petitions have been
preferred by the writ applicant is that the owner of the Jeep viz.
Hakubhai Madhavbhai Patel who was father has expired on
09.05.2009. Therefore, the common judgment dated 15.09.2014
passed in the aforesaid appeals was against dead person. It was
therefore, submitted that execution of the decree cannot be
proceeded in absence of appropriate modification being carried
out in the decree and bringing the applicant on record in the
decree. During the course of hearing, learned advocate for the
petitioner has submitted that in absence of notice to the
applicants, the applicants cannot be joined in the decree as legal
heirs of deceased Hakubhai Madhavbhai Patel. It was therefore,
urged to quash and set aside the execution proceedings.
4. Noticing the aforesaid grounds canvassed, the learned
advocate for the respondent - Insurance Company was called
upon to take appropriate instructions and to submit the reply.
Today, when the matter was taken up for hearing, learned
advocate for the respondent - Insurance Company has pointed
out that the present petitions have become infructuous inasmuch
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C/SCA/14738/2023 ORDER DATED: 17/07/2025
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as the execution petitions have culminated into the final order of
attachment.
5. Learned advocate for the petitioner has placed on record
the certified copy of the order dated 30.04.2025 passed by the
Executing Court and which is permitted to be taken on record.
However, learned advocate for the petitioner has urged this
Court to consider the aforesaid grounds and to quash and set
aside the final order passed in Execution Petitions being passed
pending consideration of the present writ petitions.
6. Having considered the aforesaid submissions of the
learned advocate for the respective parties, noticing the fact that
in absence of any stay being granted by this Court, executing
Court has proceeded with the execution proceedings which has
culminated into final order of attachment, this Court is not
inclined to entertain the prayers as prayed for. Appropriate
would be to prefer a fresh petition or avail appropriate remedy
as may be available in law to challenge the final order dated
30.04.2025 passed by the Motor Accident Claims Tribunal, Idar
in Execution Petition No. 8, 9, 11, 12, 13, 15 and 16 of 2021.
Present petitions are therefore, disposed as having become
infructuous with a liberty to petitioner to apply afresh in
accordance with law. With theses observations, present petitions
stand disposed of.
(NISHA M. THAKORE,J)
RATHOD KAUSHIKSINH
