AJITBHAI PRANABANDHU SHAMALversusLEGAL HEIRS OF DECEASED KAILASHCHANDRA GANPATBHAI BHATIYA BHATIYA DRAUPADI KAILASHCHANDRA

    C/FA/3686/2025                                 JUDGMENT DATED: 12/01/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/FIRST APPEAL NO. 3686 of 2025
                                  With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                   In R/FIRST APPEAL NO. 3686 of 2025

FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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        Approved for Reporting         Yes      No
                                                 √
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                 AJITBHAI PRANABANDHU SHAMAL
                              Versus
 LEGAL HEIRS OF DECEASED KAILASHCHANDRA GANPATBHAI BHATIYA
            BHATIYA DRAUPADI KAILASHCHANDRA & ORS.
==========================================================
Appearance:
MR ADITYA J PANDYA(6991) for the Appellant(s) No. 1
MS MASUMI V NANAVATY(9321) for the Defendant(s) No. 3
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
NISHIT A BHALODI(9597) for the Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 12/01/2026
                            ORAL JUDGMENT

[1.0] Present First Appeal under Section 173 of the Motor Vehicles
Act, 1988 (for short “MV Act”) is filed by the appellant – original
opponent No.3 challenging the impugned judgment and award dated
06.08.2025 passed by the learned 3rd Additional District Judge &
Motor Accident Claims Tribunal (Auxi.), Ahmedabad (for short “learned
Tribunal”) in Motor Accident Claim Petition No.1435 of 2013, whereby
the learned Tribunal was pleased to allow the claim petition of the
original claimants with costs and interest against original opponent
Nos.1 and 3.

[2.0] Heard learned advocate Mr. Aditya J. Pandya for the appellant –


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    C/FA/3686/2025                             JUDGMENT DATED: 12/01/2026




original opponent No.3 and learned advocate Mr. Nishit Bhalodi for
the original claimant.

[3.0] It appears that Kailashchandra Ganpatbhai Bhatiya i.e. the
husband of respondent No.1 herein – original claimant – insured was
going on his bicycle and at that time, respondent No.2 herein – original
opponent No.1 came driving his motorcycle No.GJ-01-NB-9132 in rash
and negligent manner with full speed and dashed with the bicycle of
the original claimant due to which the original claimant sustained
serious injuries and therefore, he filed the claim petition being MACP
No.1435/2013 on 30.08.2013 seeking compensation and during the
pendency of petition, the original claimant died on account of the
accidental injuries and therefore, respondent No.1 was impleaded as
legal heir and representative of the original claimant. The MACP
No.1435/2013 was filed against two opponents and present appellant
was not joined as party opponent. During the pendency of claim
petition, respondent No.3 – insurance company had filed an
application Exh.52 and contended that the accident did not take place
with the motorcycle driven by original opponent No.1 and pursuant to
the said fact, claimant had filed an application (Exh.58) to reopen the
right of the claimant to lead the evidence which was granted on
08.05.2025 and therefore, the original claimant moved an application
(Exh.59) for joining the present appellant as party opponent No.3 in
the pending claim petition. The notice was issued to the present
appellant and the present appellant on being served with the notice,
appeared before the learned Tribunal through advocate and filed the
objection cum afÏdavit in reply on 11.06.2025 at Exh.64 and copy was
served to the claimant also. Thereafter, the matter was adjourned on
25.06.2025 and 03.07.2025 but no proceeding took place and the next
date in the mater was 30.07.2025 for applicant’s evidence. Though


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    C/FA/3686/2025                             JUDGMENT DATED: 12/01/2026




shockingly the claimant moved an application (Exh.65) dated
24.07.2025 for taking the matter on board without serving the copy of
application and without giving any intimation to the present appellant
and an ex parte order was passed on 24.07.2025 below application
Exh.59 for joining the present appellant as party opponent No.3
without giving an opportunity of hearing to the present appellant.

[4.0]   It further reveals from the record that the matter was listed on
06.08.2025. On that date, learned Tribunal pronounced the judgment
and award wherein the learned Tribunal has specifically observed in
paragraph 31 of the judgment that the present appellant is
exonerated qua involvement of the vehicle insured with appellant –
insurance company. The claim petition was allowed only against
original opponent No.1. The said fact is also mentioned in the rojkam.
After pronouncement of the judgment, the original claimant once
again moved an application Exh.68 before the learned Tribunal on
11.08.2025 admittedly 5 days after the pronouncement of the
judgment. No copy of the said application was served to the affected
party – present appellant and the learned Tribunal has been pleased
to allow the said application and pleased to fix the liability of the
present appellant alongwith respondent No.2 herein and learned
Tribunal has passed an order without giving an opportunity of being
heard to the present appellant violating the principles of natural
justice and by reviewing its own judgment on merits.

[5.0] In view of the aforesaid background, this Court is of considered
view that the learned Tribunal has committed an error in changing the
contents of the judgment in a manner not known to the law. Once the
judgment and award is pronounced on 06.08.2025 and uploaded on
the website exonerating the present appellant, there was no reason



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    C/FA/3686/2025                               JUDGMENT DATED: 12/01/2026




for the claimant to file application (Exh.68) for correction of the
judgment without mentioning provision of law and that too for
altering the nature of judgment and fixing or saddling the liability of
present appellant without giving an opportunity of hearing to the
present appellant. Hence, this Court is of considered view that said
exercise is completely contrary to the provisions of law, illegal and
arbitrary. Further, one more aspect required to be mentioned is that
the application to join the present appellant as party opponent No.3 in
the claim petition was given subsequently and though the present
appellant filed detailed written statement raising objection qua
involvement of the vehicle insured with the present appellant, learned
Tribunal has allowed the application and joined the present appellant
on the wrong pretext observing that proposed opponent – present
appellant remained absent and no objection is raised though objection
was filed which was already on record and copy of the said objection
was served to the original claimant. Hence, it appears that the learned
Tribunal has taken up the matter behind the back of the present
appellant and in very hasty manner proceeded with the matter and
passed an order on 24.07.2025 below Exh.58 ignoring the objection
filed at Exh.64 and though the matter was posted on 30.07.2025, the
order of joining appellant herein as party in the claim petition was
passed on 24.07.2025 without giving an opportunity of hearing to the
present appellant to defend its case and to dispute the involvement of
the vehicle insured with the present appellant – insurance company.
Both the orders passed by the learned Tribunal are in violation of
principles of natural justice and fair play and contrary to the law.

[6.0] In view of above, present appeal is allowed. Impugned judgment
and order dated 06.08.2025 passed by the learned 3rd Additional
District Judge & Motor Accident Claims Tribunal (Auxi.), Ahmedabad in


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       C/FA/3686/2025                                                       JUDGMENT DATED: 12/01/2026




Motor Accident Claim Petition No.1435 of 2013 is hereby quashed and
set aside and matter is remitted back to the learned Tribunal to decide
the same afresh after giving an opportunity of hearing to present
appellant right from the stage of deciding application (Exh.59) for
joining party. The learned Tribunal is directed to conclude the
remitted claim petition within a period of SIX MONTHS from the date
of receipt of the present judgment since the claim petition is more
than 12 years old. All the parties shall cooperate the learned Tribunal
in expeditious disposal of the claim petition.

[7.0] Record and proceedings, if any, be sent back to the concerned
Tribunal, forthwith.

[8.0] In view of disposal of First Appeal, Civil Application (For Stay)
also stands disposed of.

                                                                                      Sd/-
                                                                    (HASMUKH D. SUTHAR, J.)
Ajay

 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/01/2026 14:22:27




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