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SCA/8372/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8372 of 2010
=========================================================
LEGAL
HEIR OF DECE DAUDBHAI ADAMBHAI (OWNER OF TRUCK) IQBALB -
Petitioner(s)
Versus
LEGAL
HEIRS OF DECE MINOR RAMDEV JAGDISHBHAI SOLANKI & 5 -
Respondent(s)
=========================================================
Appearance
:
MR
PARESH M DARJI for
Petitioner(s) : 1,MR NAVNIT M TAILOR for Petitioner(s) : 1,
None
for Respondent(s) : 1 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/07/2010
ORAL
ORDER
Heard
learned Advocate Mr. Darji for petitioner.
Petitioner
is owner of truck against whom claimant has filed application under
section 163-A of Motor Vehicles Act. Claims Tribunal, Bhavnagar
examined application under sec. 163-A and passed award on
13.10.2008. Claims Tribunal has directed petitioner as well as
insurance company to pay Rs.1,54,500/- with 7.5 per cent interest by
holding joint and several liability of both respondents. On the
basis of aforesaid award passed by claims tribunal on an application
under sec. 163-A of MV Act, insurance company has deposited entire
amount with interest before claims tribunal because claimant has
filed execution application against respondent insurance company.
Claims tribunal has decided joint and several liability of owner and
insurance company and, therefore, one application has been
preferred by insurance company before claims tribunal on 20.5.2009
with a prayer to direct petitioner to pay Rs.94,479/- as their share
has been deposited by insurance company before claims tribunal.
Notice has been issued by claims tribunal upon said application
filed by insurance company. Though notice has been received by
original respondents no.4,5, but not remained present personally and
also not engaged any advocate and no objection has been filed by
petitioner before claims tribunal. Therefore, in absence of
petitioner, order has been passed by claims tribunal, Bhavnagar on
5th February,2010 directing petitioner to pay
Rs.94,479/- and against respondent no.5 wherein order of attachment
has been issued.
Learned
Advocate Mr.Darji for petitioner has submitted that this order has
been passed by claims tribunal in absence of petitioner and,
therefore, it being an ex parte order, petitioner will file
necessary application before claims tribunal Bhavnagar under Order
9, Rule 13 within one week from date of receiving copy of present
order.
As
and when such application is received by claims tribunal, Bhavnagar
from petitioner, it is directed to claims tribunal to consider such
application of petitioner and pass appropriate reasoned order in
accordance with law after giving reasonable opportunity of hearing
to all respective parties and also to consider application for
interim relief in accordance with law.
In
view of these observations and directions, this petition is disposed
of by this court without expressing any opinion on merits. D.S.
Permitted.
(H.K.
Rathod,J.)
Vyas
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