Gujarat High Court
The New India Assurance Company Ltd. vs Shantilal Jivabhai Gohil on 1 March, 2021
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
C/FA/762/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 762 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/FIRST APPEAL NO. 762 of 2021
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THE NEW INDIA ASSURANCE COMPANY LTD.
Versus
SHANTILAL JIVABHAI GOHIL
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Appearance:
MR YOGI GADHIA, ADVOCATE for MR KV GADHIA(319) for the Appellant(s)
No. 1
for the Defendant(s) No. 1,2
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 01/03/2021
ORAL ORDER
Heard learned Advocate Mr. Yogi Gadhia for learned Advocate Mr. K.V. Gadhia for the appellant, who submits that while the learned Tribunal in its judgment and order had relied upon the decision of the Supreme Court in case of Pappu and others vs. Vinodkumar Lamba, whereas he submits that in the instant case the facts were totally different inasmuch as the motorcycle which had caused the accident with the claimant was being driven by the owner of the motorcycle himself and who was not holding the valid license at the time of accident. Learned Advocate Mr. Gadhia has also placed reliance upon the decision of this Court in case of New India Assurance Company Ltd. v. Harishbhai Dayabhai Bharaniya and others reported in 2019(3) GLR 1749.
In above view of the matter, issue Notice returnable on 31.03.2021.
Meanwhile, the operation, implementation and execution of the impugned judgment and award passed by the learned M.A.C. Tribunal Page 1 of 2 Downloaded on : Tue Mar 02 01:31:04 IST 2021 C/FA/762/2021 ORDER (Auxi.) Keshod, District Junagadh dated 12.02.2020 in M.A.C.P No. 646 of 2017 (Old No. 168 of 2015) shall remain stayed subject to the condition that the appellant shall deposit the entire awarded amount of compensation along with interest before the Tribunal on or before the returnable date.
(NIKHIL S. KARIEL,J) BDSONGARA Page 2 of 2 Downloaded on : Tue Mar 02 01:31:04 IST 2021