High Court of Gujarat

LEGAL HEIRS OF DECEASED HITESHBHAI RAMESHBHAI PATEL, RAMESHBHAI SHAMALBHAI PATELversusCHOLA MS GENERAL INSURANCE CO.LTD

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: HASMUKH D SUTHAR

Holding

The High Court held that there is no case to interfere with the MACT order and dismissed the petition.

Summary

The legal heirs of the deceased filed a special civil application seeking to quash and stay an order (para 3) passed by the Motor Accident Claim Tribunal (MACT) in a motor accident claim, and to have costs awarded. The petitioners argued that the Tribunal had erred in apportioning compensation and that the order should be set aside. The High Court examined the documents and observed that the Tribunal had not actually made any apportionment order, leaving the issue open for the claimants to apply afresh. Consequently, the Court found no basis to interfere with the Tribunal’s order and noted that any alleged arithmetic error could be raised directly before the Tribunal. The petition was therefore disposed of without granting any relief.

Issues considered

Whether the order passed by the Motor Accident Claim Tribunal (para 3) can be quashed or stayed.
Whether there is any substantive error in the apportionment of compensation that warrants interference by the High Court.

Subjects

Motor Accident Claim TribunalCompensation apportionmentStay orderQuash orderSpecial Civil ApplicationInsurance claim

Judgment

     C/SCA/1233/2026                               ORDER DATED: 03/02/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 1233 of 2026
==========================================================
     LEGAL HEIRS OF DECEASED HITESHBHAI RAMESHBHAI PATEL,
                 RAMESHBHAI SHAMALBHAI PATEL
                            Versus
              CHOLA MS GENERAL INSURANCE CO.LTD
==========================================================
Appearance:
MR V B MALIK(5071) for the Petitioner(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 03/02/2026
                              ORAL ORDER


1.    Heard learned advocate for the petitioner.


2.    The present petition is filed by the petitioner seeking the
following reliefs:

      (A)This Hon'ble Court may be pleased to quash and set aside
      the impugned order passed in paragraph no.3, passed by the
      Motor Accident Claim Tribunal, Aravalli At, Modasa in Misc
      Civil Application, No.141/2025, in Motor Accident Claim case
      No.97/2000, dated, 07/01/2026, and further directed the
      Learned Tribunal to Disburse and release amount in favour of
      the petitioner, as per the order passed by this Hon'ble Court
      on dated in Special Civil Application No. in the 11624/25
      interest of justice.

      (B)This Hon'ble Court may be pleased to pending admission
      hearing. and till final disposal of present petition order to stay
      the implementation of order para no,3, passed by motor
      accident claims tribunal, in the interest of justice.

      (C)This Hon'ble Court would be pleased to award the costs of
      present petition.

      (D)This Hon'ble Court would be pleased to grant such other
      further relief/s as may be deemed fit, just and proper in the
      facts circumstances of the case, in the interest of justice.




                                 Page 1 of 2
          C/SCA/1233/2026                                                 ORDER DATED: 03/02/2026




   3.       Having heard the learned advocate for the petitioner and
   upon considering the documents on record, it clearly appears
   that the learned Tribunal has not passed any order qua
   apportionment of any amount of compensation of late Shrimati
   Daiben and the issue has been kept open for the claimants to
   apply afresh.



   4.       In view of the above, no case is made out to pass any order
   or to interfere with the order passed by the learned Tribunal.
   Even assuming the submission of the learned advocate for the
   petitioner regarding any arithmetical error in calculation in the
   apportionment, prior to withdrawal of the amount or compliance
   with the said order, it is kept open for the petitioner to bring the
   same to the notice of the learned Tribunal for appropriate
   apportionment and determination of entitlement in accordance
   with the earlier order passed by this Court in Special Civil
   Application No.12624 of 2025 dated 27.11.2025.



   5.       With the aforesaid directions, the petition stands disposed
   of.


                                                                      (HASMUKH D. SUTHAR,J)
   ALI



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 03/02/2026 14:29:42




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