Allowed

Reliance General Insurance Company Ltd. v. Umeshbhai Kantilal Dangi

Gujarat HC24 Jun 2021FA/3889/2017

Case brief

AI extract

What is this about?

The Full Bench allowed the first appeal filed by the Insurance Company, holding that the Tribunal failed to provide an opportunity of hearing. The impugned award was set aside, and the matter was restored to the Motor Accident Claims Tribunal, Dahod for a fresh hearing with evidence. A hearing was scheduled for July 30, 2021.

What did the court decide?

The impugned Award dated 7th April 2017 is set aside. The matter is restored to the Motor Accident Claims Tribunal, Dahod, for fresh decision preferably within six months.

Reliance General Insurance Company Ltd. Vs… — Civil Procedure and Limitation | Gujarat HC (2021)

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C/FA/3889/2017 ORDER DATED: 24/06/2021 RELIANCE GENERAL INSURANCE COMPANY LTD Versus UMESHBHAI KANTILAL DANGI & 4 other(s)

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/FIRST APPEAL NO. 3889 of 2017 With CIVIL APPLICATION (FOR STAY) NO. 2 of 2017 In R/FIRST APPEAL NO. 3889 of 2017

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========================================================== RELIANCE GENERAL INSURANCE COMPANY LTD

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Versus

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UMESHBHAI KANTILAL DANGI & 4 other(s)

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==========================================================

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Appearance: MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 MR MOHSIN M HAKIM(5396) for the Defendant(s) No. 3,4,5

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==========================================================

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CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI and HONOURABLE MR. JUSTICE B.N. KARIA

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Date : 24/06/2021

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ORAL ORDER (PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

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Learned Counsel for the Appellant-Insurance Company

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submitted that since the Appellant-Insurance Company was not provided an opportunity of hearing by the learned Motor Accident Claims Tribunal, Dahod in the Claim Petition No. 149 of 2014 decided by it on 7^th April 2017, therefore, the matter may be remanded back to the Learned Motor Accident Claims Tribunal, Dahod for deciding the matter a fresh in accordance with law by giving an opportunity of leading evidence and making submissions on behalf of the contesting respondents before the Tribunal and present Appellant-Reliance General Insurance Company Limited.

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Learned Counsel Mr. Mohsin M. Hakim appearing for the

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Page 1 of 2

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C/FA/3889/2017 ORDER DATED: 24/06/2021 RELIANCE GENERAL INSURANCE COMPANY LTD Versus UMESHBHAI KANTILAL DANGI & 4 other(s)

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Claimants fairly does not object to the submissions made by the Learned Counsel for the Appellant.

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Accordingly, without going into the merits of the present Appeal filed by Insurance Company, we allow the present Appeal and set aside the impugned Award dated 7^th April 2017 in M.A.C.P. No. 149 of 2014 - Savsinhbhai Mangalabhai Charpot and Ors v. Umeshbhai Kantilal Dangi and Ors and restore the matter back to the learned Motor Accident Claims Tribunal, Dahod for deciding the case again preferably within a period of 6(Six) Months from today. Without any further notice to the parties, the parties may appear before the said Tribunal in the first instance on 30^th July 2021 either through Video Conferencing or physical appearance as may be permitted in accordance with the Covid Protocol .

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If Insurance Company leads any fresh evidence before the Learned Tribunal, it goes without saying that the claimants will have a right and liberty to rebut and controvert the same in accordance with law.

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With these observations, the First Appeal No. 3889 of 2017 is disposed of. No costs. The record of Tribunal received here may be returned to the Tribunal forthwith.

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Civil Application (For Stay) No. 2 of 2017 is also accordingly disposed of.

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(DR. VINEET KOTHARI,J)

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(B.N. KARIA, J)

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K. S. DARJI

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Page 2 of 2

Reliance General Insurance Company Ltd. v. Umeshbhai Kantilal Dangi

Case brief

What is this about?

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Reliance General Insurance Company Ltd. v. Umeshbhai Kantilal Dangi

Case brief

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What did the court decide?

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