Gujarat High Court
Sormabhai Dhirabhai Patel vs Babubhai Bhurabhai Baria Deleted on 18 June, 2025
NEUTRAL CITATION
C/FA/2207/2022 ORDER DATED: 18/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2207 of 2022
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SORMABHAI DHIRABHAI PATEL
Versus
BABUBHAI BHURABHAI BARIA DELETED & ORS.
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Appearance:
MS AMRITA AJMERA(5204) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 3
MR HG MAZMUDAR(1194) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 18/06/2025
ORAL ORDER
1. Heard Ms. Amrita Ajmera, learned advocate on record for the
appellant. Learned advocate Mr. H.G. Mazmudar has entered his
appearance on behalf of respondent no.3-Insurance Company.
2. Despite service of rule upon respondent no.2, no appearance
has been entered for and on behalf of respondent no.2. The appeal is
taken up for final hearing in absence of respondent no.2.
3. The present appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, at the instance of the original claimant, being
aggrieved and dissatisfied with the order dated 16.11.2018 passed by
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C/FA/2207/2022 ORDER DATED: 18/06/2025
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Motor Accident Claims Tribunal (Aux.) & learned 6th (Ad-hoc)
Additional District Judge, Limkheda, Dahod in Motor Accident Claim
Petition No.1472 of 2017.
4. At the outset, learned advocate for the appellant does not press
for enhancement of amount of compensation in the present appeal.
She has clarified that appropriate appeal being First Appeal No.2762
of 2021 in this regard has been preferred before this Court, which is
pending consideration. Learned advocate, under instructions, has
submitted that the present appeal is confined only qua the issue of
liability of the Insurance Company and the Insurance Company being
exonerated from the payment of amount of compensation as
determined by the Tribunal. Learned advocate has submitted that the
Tribunal has seriously erred in exonerating the Insurance Company on
the ground that the appellant had failed to produce the driving license
of opponent- rickshaw driver. She has pointed out that in fact, the
driver was holding driving license on the date of the accident, the copy
of which was produced in the appeal. Inadvertently, the same could
not be produced before the Tribunal.
5. Learned advocate Mr. H.G. Mazmudar appearing for the
respondent-Insurance Company has not objected to the aforesaid
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submissions made by learned advocate for the appellant-original
claimant, as regards the existence of the driving license on the date of
the accident is concerned. Noticing the fact that cognate appeal is
pending consideration on the issue of enhancement of compensation,
learned advocate has urged this Court to pass appropriate orders as
regards the limited issue pressed in the present appeal.
6. Considering the aforesaid submissions of learned advocates for
the respective parties and considering the fact that the present
appeal is confined only on the issue of liability of the Insurance
Company, viz-a-viz, the driving license of the driver of the offending
vehicle is concerned and noticing the fact that learned advocates for
the respective parties are ad idem with regard to the existence of the
driving license as on the date of occurrence of accident is concerned
and the insurance policy of the offending vehicle also being in
existence on the date of accident, the impugned judgment and award
passed by the Tribunal insofar as exonerating the Insurance Company
is concerned, is hereby quashed and set aside.
7. It is clarified that this Court has not examined the merits of the
case, as regards the quantum of compensation is concerned, more
particularly, a substantive appeal being First Appeal No.2762 of 2021
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is pending consideration before the Co-ordinate Bench.
8. With these observations, present First Appeal stands allowed to
the aforesaid extent.
9. Noticing the amount of compensation involved, since the
Insurance Company is held liable to indemnify the owner of the
vehicle, the amount of compensation along with proportionate costs
and interest as determined by the Tribunal, is directed to be deposited
within a period of six weeks from the date of receipt of the copy of
this order. Upon deposit of the aforesaid amount, the Tribunal is at
liberty to release and disburse the deposited amount in favour of the
original claimant-appellant herein, subject to due verification and
strictly in accordance with guidelines prescribed by the Hon'ble
Supreme Court in this regard. Let the aforesaid exercise be
undertaken by the Tribunal within a period of two weeks from the
date of deposit of the award amount.
10. With these observations, present First Appeal stands disposed
of in aforesaid terms.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
