[Cites 1, Cited by 0]
Gujarat High Court
Nureilahi Liyakat Nalla vs Akil Pyaarkha Pathan on 20 January, 2026
NEUTRAL CITATION
C/FA/2607/2025 ORDER DATED: 20/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2607 of 2025
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NUREILAHI LIYAKAT NALLA
Versus
AKIL PYAARKHA PATHAN & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MS KARUNA V RAHEVAR(3818) for the Defendant(s) No. 3
NOTICE THROUGH RPAD UNSERVED for the Defendant(s) No. 1
SERVED BY RPAD (N) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 20/01/2026
ORAL ORDER
1) Feeling aggrieved by and dissatisfied with the judgment and award
dated 13.06.2022 passed by learned Motor Accident Claims Tribunal at
Vapi, in Motor Accident Claim Petition No.171/2020, the appellant -
claimant has preferred present appeal under Section 173 of the Motor
Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).
2) Heard Mr. Nishit Bhalodi, learned counsel for the appellant and
Ms.Karuna Rahevar, learned counsel for respondent No.3. Though
served, none appears for respondent No.1 and 2.
3) It is the case of the claimant that on 18.05.2015, at about 15:30
hours, the claimant was coming to Vapi on his motorcycle bearing No.GJ-
15-AH-4755 at moderate speed and when he reached at Chala Chowki,
near Vapi Gold Coin Circle, at that time, one truck bearing No.MH-17-AG-
5751 came in rash and negligent manner and dashed with the
motorcycle of the claimant. As a result, the claimant got serious injuries
in the said accident. FIR came to be lodged at Vapi Town Police Station.
NEUTRAL CITATION
C/FA/2607/2025 ORDER DATED: 20/01/2026
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4) Learned counsel for the appellant has submitted that the Tribunal
has been pleased to dismiss the claim petition on the ground of non-
prosecution as the claim petition was filed in the year 2015 and since last
7 years, claimant remained absent and despite the opportunity has been
provided to the claimant, failed to produce the evidence on record. It is
further submitted that, due to communication gap between the claimant
and advocate, the claimant could not remain present before the
Tribunal. However, the claimant is ready and willing to produce the
evidence.
5) Learned counsel for the Insurance company has opposed the
present appeal and submitted that the Tribunal has rightly dismissed the
claim petition due to negligence on the part of the claimant and there is
huge delay i.e. 7 years caused in tendering the evidence, hence, the
Insurance Company is not liable to pay interest on the enhanced amount,
if any, for such delayed period or saddled with the liability on the ground
of negligence on the part of the claimant.
6) Having heard learned counsel for the respective parties, it appears
that due to communication gape between the advocate and the
claimant, the claimant could not remain present and produce the
evidence on record before the Tribunal. Therefore, the Tribunal
dismissed the claim petition on the ground of want of prosecution.
7) In view of the above, without discussion further on merit of the
case, the judgment and award dated 13.06.2022 passed by learned
Motor Accident Claims Tribunal at Vapi, in Motor Accident Claim Petition
No.171/2020 is hereby quashed and the proceedings of MACP No.
171/2020 are remanded to the Tribunal for a fresh decision. It is kept
open for the respondent - Insurance Company to raise defense qua
interest aspect as delay is caused only on the part of the claimant. The
Tribunal after affording an opportunity to both parties to lead evidence,
NEUTRAL CITATION
C/FA/2607/2025 ORDER DATED: 20/01/2026
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shall decide the matter independently on its own merits, as
expeditiously as possible, preferably within a period of six months from
the date of receipt of this order. Record and proceedings be sent back
to the Tribunal concerned forthwith. It is made clear that the claimant
shall not claim interest on the enhanced amount if any, for the delayed
period i.e. from 13.06.2022 to 20.01.2026 caused on the part of the
claimant.
(HASMUKH D. SUTHAR,J)
SUCHIT
