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FA/85/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 85 of 2010
=========================================================
MAKWANA
JAGATSINH GALABSINH - Appellant(s)
Versus
THAKOR
CHANDUJI BABAJI & 2 - Defendant(s)
=========================================================
Appearance :
MR
R.K.MANSURI for
Appellant(s) : 1,
None for Defendant(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 28/01/2010
ORAL
ORDER
Heard
learned Advocate, Mr. R.K. Mansuri on behalf of appellant-claimant.
The
appellant-claimant has challenged interim order dated 3rd
November, 2009 passed by Claims Tribunal, Sabarkantha (Evening
Court), order below Exhibit 5 in Motor Accident Claims Petition
No.1391/2005. In this matter, 140 application filed by claimant has
been allowed by Claims Tribunal dated 19.02.2008. This being a case
of injury, Claims Tribunal has awarded Rs.25,000/= with 7.5.%
interest on basis of ‘No Fault Liability’ but this order below
Exhibit 5 was challenged by appellant-Insurance Company before this
Court in First Appeal No.1278/2009 dated 09.07.2009. This Court has
set aside aforesaid order passed by Claims Tribunal with direction
to Claims Tribunal while remanding back matter as per contention
raised by appellant-Insurance Company according to the decision of
the Apex Court in case of Smt.
Yallawwa and others Vs. National Insurance Co. Ltd. and Another 2007
ACJ 1934. Accordingly, Claims Tribunal has decided
matter after order of this Court on 03.11.2009 and rejected 140
applications filed by claimant. Claims Tribunal has come to
conclusion that according to insurance company of Truck
No.GJ-18-T-9139, opponent no.3 is not liable to pay any compensation
to claimant because accident was not caused by Truck
No.GJ-18-T-9139. Therefore, it came to conclusion that claimant has
not proved involvement of truck in accident. However important
reason is that initially 166 applications were filed by claimant on
22.12.2005 which has been withdrawn by claimant vide Exhibit 27.
Therefore, this Court has interfered with order passed by Claims
Tribunal. Today when matter has been taken up for hearing learned
Advocate, Mr. R.K. Mansuri appearing on behalf of appellant
submitted that claimant will approach to Claims Tribunal
with a liberty to recall withdrawal order which was passed at
Exhibit 27 dated 22.02.2008.
Therefore,
in light of aforesaid submissions made by learned Advocate, Mr. R.K.
Mansuri on behalf of appellant, this Court has not examined merits
of matter and not expressed any opinion on merits. Accordingly,
present appeal is disposed of without expressing any opinion in the
matter. Let the claimant file necessary application for recalling
of order of withdrawal
which has been passed by Claims Tribunal and same is to be decided
by Claims Tribunal after giving reasonable opportunity to all
respective parties in accordance with law.
In view
of above observation and directions, present appeal is finally
disposed of.
(H.K.
Rathod, J.)
Caroline
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