Gujarat High Court Case Information System
Print
CA/3808/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3808 of 2008
In
FIRST
APPEAL No. 1487 of 2008
=========================================================
OIL
& NATURAL GAS CORPORATION LTD. - Applicant(s)
Versus
ZUBEDABEN
WD/O. MAHMADBHAI DAWOODBHAI DESAI & 10 - Opponent(s)
=========================================================
Appearance
:
MR
RR MARSHALL for
Applicant
MR AV PRAJAPATI for Opponent(s) : 1 - 8.
- for Opponent(s) : 9 ? 10
MR
HASMUKH THAKKER for Opponent No.
11.
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT 19th June, 2008
ORAL
ORDER
Rule
returnable today. Learned advocates Mr. Prajapati and Mr.
Thakker waive service on behalf of Opponents no. 1 to 8 and 11
respectively.
Heard
the learned advocates on interim relief. The applicant-Oil &
Natural Gas Corporation Limited has challenged the judgment and award
dated 16th June, 2007 passed by the Motor Accident Claims
Tribunal, Bharuch in Motor Accident Claim Petition no. 369 of 1997.
According to the opponents-claimants, the deceased-Mahamadbhai
Dawoodbhai Desai died of fire in his field while ploughing his field,
due to leakage in the oil pipeline passing through his field. The
learned Tribunal has awarded compensation in the sum of Rs.
2,67,600/= with interest @ 9% per annum.
Mr.
Marshall has appeared for the applicant-Corporation. He has submitted
that the learned Tribunal has erred in holding that the
applicant-Corporation was negligent in maintaining the pipeline. The
accident occurred in the private field of the deceased. The claim
that the deceased was ploughing the field in the middle of the night
also is not believable. The fire took place possibly while the
deceased was pilfering the oil from the pipeline.
Prima
facie, it appears that the claim does not arise from the motor
accident. The Tribunal below had, therefore, no jurisdiction
to entertain and decide the claim arising out of the alleged tortuous
action of the applicant-Corporation.
Pending
the Appeal, there shall be interim stay in terms of paragraph
3 [a]. Rule is made absolute.
{Miss
R.M Doshit, J.}
prakash*
Top