Shriram General Insurance Co. Ltd vs Kankuben Rathod
2025 Latest Caselaw 5096 Guj

Gujarat High Court

Shriram General Insurance Co. Ltd vs Kankuben Rathod on 24 June, 2025

                                                                                                                   NEUTRAL CITATION




                             C/SCA/5198/2025                                        ORDER DATED: 24/06/2025

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                             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                              R/SPECIAL CIVIL APPLICATION NO. 5198 of 2025
                      =============================================
                                       SHRIRAM GENERAL INSURANCE CO. LTD.
                                                     Versus
                                            KANKUBEN RATHOD & ORS.
                      =============================================
                      Appearance:
                      MR NIKUNT K RAVAL(5558) for the Petitioner(s) No. 1
                      Mr. Manohar Rahevar, AGP for respondent no.6.
                      =============================================
                        CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                       Date : 24/06/2025
                                        ORAL ORDER

Heard Mr. Aayush Bhandari, learned advocate has appeared on behalf of Mr. Nikunt Raval, learned advocate for the petitioner.

2. At the outset, learned advocate has placed on record the final judgment and award dated 3.5.2025 drawn by the Motor Accident Claims Tribunal (Main), Arvalli at Modasa in MACP No.101 of 2023 and has submitted that the claim petition preferred by the respondents - original claimants has been partly allowed. Referring to the aforesaid judgment and award, being passed by the learned Tribunal, the learned advocate has further pointed out that present petition is confined to interim order below Exh.21. He has therefore, submitted that the present petition has become infructuous in view of the final judgment and award being passed by the Tribunal. He, therefore, urged this Court to pass appropriate orders.

3. Considering the aforesaid submissions of learned

NEUTRAL CITATION

C/SCA/5198/2025 ORDER DATED: 24/06/2025

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advocate for the petitioner, indisputably the challenge in the present petition is an order passed below interim application in the main petition. Noticing the fact that the Tribunal has pronounced the final judgment and award in the original claim proceedings, the present petition confined to the interim order does not survive and has become infructuous. However, it is clarified that this Court has not examined the merits of the case. Present petition stands disposed of as infructuous.

(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH