Gujarat High Court
Chitra Pradipbhai Joshi & vs Nalinbhai Kantilal Shah on 9 September, 2014
Author: Ravi R. Tripathi
Bench: Ravi R.Tripathi
C/FA/2584/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 2584 of 2014
With
CIVIL APPLICATION NO. 10021 of 2014
In
FIRST APPEAL NO. 2584 of 2014
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CHITRA PRADIPBHAI JOSHI & 1....Appellant(s)
Versus
NALINBHAI KANTILAL SHAH....Defendant(s)
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Appearance:
MS MEGHA JANI, ADVOCATE for the Appellant(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
Date : 09/09/2014
ORAL ORDER
1.The present Appeal is filed by Chitra Pradipbhai Joshi and Pradipbhai Manubhai Joshi - original opponents No.1 and 2 in M.A.C.P. No.296/1998 which came to be allowed by the Hon'ble Tribunal by a judgment and award dated 24.03.2014 by the Motor Accident Claims Tribunal (Aux.), Court No.20, Ahmedabad City.
2.Learned Advocate for the appellants Ms. Megha Jani submitted that the Hon'ble Tribunal has committed a grave error in relying upon the Page 1 of 3 FIRST APPEAL/2584/2014 11/12/2014 02:40:59 AM C/FA/2584/2014 ORDER contents of the documents which were produced as Mark 17/1 and which was never exhibited before the Tribunal as the Doctor was not examined by the claimants to prove the contents of the Certificate. The document at Mark 17/1 was a disability certificate wherein it is stated that the injured person had sustained injuries which resulted into 17.14% disability of the body as a whole.
3.Learned Advocate submitted that in absence of documents which were not accepted and in absence of the Doctor, the documents produced at Mark 17/1 could not have been accepted and hence, the judgment and award of the Tribunal becomes erroneous.
4.ADMIT.
ORDER IN CIVIL APPLICATION NO.10021/2014 IN FIRST APPEAL NO.2584/2014
1. Heard learned Advocate for the applicant.
2. The present Civil Application is filed for seeking stay of the impugned judgment and award. The judgment and award is stayed on a condition that the applicant - Insurance Company shall deposit 50% of the awarded amount together with proportionate Page 2 of 3 FIRST APPEAL/2584/2014 11/12/2014 02:40:59 AM C/FA/2584/2014 ORDER cost and interest on or before 13th OCTOBER, 2014.
3. RULE returnable on 15th OCTOBER, 2014. Direct Service is permitted. It will be open for the learned Advocate to effect direct service by Registered Post A.D. or any mode of service in addition to regular mode of service at the cost of the applicant.
4. An exception is made in this case as the First Appeal is filed by the owner of the vehicle which was not insured and also that the respondent No.2 has already retired from service and No.1 is in the service of the Government.
Sd/-
(RAVI R. TRIPATHI, J.) CAROLINE Page 3 of 3 FIRST APPEAL/2584/2014 11/12/2014 02:40:59 AM