Gujarat High Court
Gatubha Takhubha Gohil vs Dashrathsinh Ranjitsinh Gohil on 7 May, 2025
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C/FA/2131/2019 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2131 of 2019
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GATUBHA TAKHUBHA GOHIL
Versus
DASHRATHSINH RANJITSINH GOHIL & ORS.
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Appearance:
JENIL M SHAH(7840) for the Appellant(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESENTATIVES for
the Defendant(s) No. 1,2
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 07/05/2025
ORAL ORDER
1. Heard learned advocate Mr. Jenil M. Shah for the
appellant and learned advocate Ms. Masumi Nanavati
for learned advocate Mr. Vibhuti Nanavati for
respondent No.3. Rule served upon respondent Nos.1
and 2 but they did not appear. Perused the record.
2. The challenge in the first appeal is against the
judgment and award passed by the learned Motor
Accident Claims Tribunal (Auxiliary), Bhavnagar at
Mahuva on 21st April, 2017 whereby the claim
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petition of claimant came to be rejected. Being
aggrieved and dissatisfied with the impugned
judgment and award, claimant - appellant has filed
the present first appeal.
3. It is submitted by learned advocate for the appellant
that original claim petition being M.A.C.P. No.377 of
2001 came to be filed before the learned Motor
Accident Claims Tribunal (Auxiliary), Bhavnagar. In
the year 2015, the claim petition was transferred
from learned Tribunal, Bhavnagar to the learned
Tribunal, Mahuva. However, no notice was issued to
the claimant after such transfer. Resultantly,
claimants were not aware about the fact that the
claim petition has been transferred. Without
affording any opportunity of being heard, learned
Tribunal rejected the claim application by observing
that ample opportunity was given to the claimant,
but claimant has remained absent and no evidence
was led on behalf of claimant. It is further contended
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that the appellant may be put to any terms and the
claimant shall not claim any interest from the date of
dismissal of the claim petition till filing of the present
first appeal. It is further contended that a specific
direction may be given to learned Tribunal in getting
the claim application disposed of within a period of
stipulated time. Appellant shall give full cooperation
to the learned Tribunal for speedy disposal of the
claim application.
4. Per contra, learned advocate for respondent No.3 -
insurance company has submitted that after the
claim petition was transferred from learned
Bhavnagar Court to learned Mahuva Court, notice
was issued and the notice of transfer was served to
the claimant. However, because of sheer negligence
on the part of claimant, the claim petition was not
proceeded further. Resultantly, learned Tribunal had
no option but to dismiss the claim application.
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5. I have considered the submissions canvassed by
learned advocates for the respective parties and
perused the Record and Proceedings.
6. It appears that the claim petition being MACP No.377
of 2001 came to be filed by present appellant before
learned Tribunal, Bhavnagar for claiming
compensation of Rs.1,25,000/-. Thereafter, the claim
petition was transferred from learned Additional
Sessions Court, Bhavnagar to the learned Additional
District Judge Bhavnagar Camp at Mahuva on 3 rd
August, 2016. Rojkam date 21st September, 2016
indicates that notice of transfer was served to the
claimant/s and thereafter the claim petition was
adjourned from time to time. As the claimant did not
remain present, learned Tribunal dismissed the claim
application on 21st April 2017.
7. The contention which is raised by learned advocate
for the appellant that no notice was served with
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regard to transfer of claim petition is not accepted
for the reason that the Rojkam in clear terms
indicates that due notice was served upon claimants.
Be that as it may, claim petitions filed under the
provisions of Motor Vehicles Act, 1988 are
benevolent nature and the claimant should not
suffer for his negligence or mistake in not attending
the Court proceedings.
8. In the interest of justice, the impugned judgment and
award passed by the learned Motor Accident Claims
Tribunal (Auxiliary), Bhavnagar at Mahuva on 21 st
April, 2017 is quashed and set aside on condition
that if claimants succeed in claim petition, he shall
not be entitled to interest from 21 st September 2016
till registration of present first appeal i.e. dated 4 th
May, 2019.
9. It is further clarified that all parties shall remain
present before the learned Tribunal and proceed with
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the matter without asking for unnecessary
adjournments and the learned Tribunal shall try to
dispose off the claim application preferably within a
period of six months from the date of receipt of this
order. It is further clarified that no fresh notice be
issued to any of the parties. The parties to the claim
petition to remain present before learned Tribunal on
9-6-2025 either personally or through their learned
advocates.
10. With the above observation, this appeal is allowed in
above terms. No order as to costs. Direct Service is
permitted.
11. Record & Proceedings, if any, be sent back to the
concerned Tribunal, forthwith.
(D. M. DESAI,J)
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