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CA/3438/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR FIXING DATE OF HEARING No. 3438 of 2010
In
FIRST
APPEAL No. 4057 of
1999
=========================================================
KOKILABEN
SHANTILAL UPADHYAY - Petitioner(s)
Versus
RAJENDRA
SHANKERLAL UPADHYAYA & 1 - Respondent(s)
=========================================================
Appearance :
MR
MTM HAKIM for
Petitioner(s) : 1,
None for Respondent(s) : 1,
MR HARESH J
TRIVEDI for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 21/04/2010
ORAL ORDER
Present
application has been filed by the applicant, who suffered serious
injuries on account of vehicular accident, which occurred on 21st
November, 1987.
The
applicant had filed MACP No.307 of 1987. By the judgment and award
dated 11th April, 1998, the said claim petition being MACP
No.307 of 1989 was decided. The petition was partly allowed and a
decree for Rs.1,35,000/- was passed in favour of the applicant.
Aggrieved by the said award, the applicant has preferred the Appeal
claiming enhancement on the ground that the award made by the learned
Tribunal is inadequate. Since September-2002, the Appeal has been
admitted and is pending for final hearing. The applicant has stated,
inter alia, in para 3 of the application that she is aged lady who
suffered injuries in 1989 and is awaiting the final decision in the
Appeal. She has stated that at present, she is about 62 year’s old.
By the application, she has prayed that a date for early final
hearing of the application may be fixed.
From
the facts stated in the application, it appears that the award made
by the learned Tribunal has not been challenged by the insurance
company and that therefore, the applicant must have received the
compensation awarded by the learned Tribunal. The Appeal preferred by
the applicant is for claim of enhancement. It is not the case of the
applicant that the award passed by the learned Tribunal has been
partly or wholly stayed on the request/application for stay preferred
by the insurance company. Therefore, as such, it cannot be said that
the Appeal preferred by present applicant needs to be given priority
over the Appeals in which the awards passed by the learned Tribunal
have been stayed at the instance of the insurance company and the
victim of the accident have not received the full amount awarded by
the Tribunal. However, considering the fact that the cause of action
(i.e. the accident) occurred in 1989 and the Appeal is pending since
2002, the request prayed for in the application is accepted and the
relief prayed for in para 5(A) is granted.
The
Registry is directed to list the First appeal No.4057 of 1999 for
final hearing in the week beginning from 30th August,
2010.
The
application stands disposed of accordingly.
[K.M.Thaker,
J.]
kdc
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