High Court of Gujarat
NATIONAL INSURANCE COMPANY LTD.versusJAMNABEN WD/O SHANKARBHAI HALABHAI MACHHAR
- Disposal
- 98-DISPOSED AS ABATED
- Bench
- NISHA M THAKORE
Holding
The appeal is disposed as abated because the proceedings against the deceased respondent are barred by the limitation period under Order 22 Rule 6 of the CPC.
Summary
The National Insurance Company appealed a judgment awarding an insurance claim against the original claimants, including a deceased respondent (No. 6). The death of the respondent was proven by a death certificate dated 29‑11‑2018, and the insurer could not locate the heirs or legal representatives. The Court held that the appeal against the deceased respondent was barred by the limitation period prescribed in Order 22 Rule 6 of the Code of Civil Procedure, rendering the proceedings abated. Consequently, the appeal was disposed as abated and the interim relief previously granted was vacated. The Tribunal was directed to release the awarded amount after verification of claimants, subject to Supreme Court guidelines, and to defer disbursement until after 08‑06‑2026.
Issues considered
- Whether the appeal is barred and abated due to the death of a party and the expiry of the limitation period under Order 22 Rule 6 CPC.
- Whether the interim relief granted earlier should be vacated upon abatement of the appeal.
- Whether the Tribunal may proceed with disbursement of the award amount pending verification of claimants.
Legislation cited
- Code of Civil Procedure, 1908s. Order 22 Rule 6
Subjects
abated appeallimitation periodOrder 22 Rule 6Civil Procedure Codeinsurance claimdeath of partyinterim relieftribunal disbursementSupreme Court guidelines
Judgment
C/FA/1670/2015 ORDER DATED: 28/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1670 of 2015
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NATIONAL INSURANCE COMPANY LTD.
Versus
JAMNABEN WD/O SHANKARBHAI HALABHAI MACHHAR & ORS.
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 5
MR MTM HAKIM(1190) for the Defendant(s) No. 1,2,3,4
UNSERVED EXPIRED (N) for the Defendant(s) No. 6
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 28/04/2026
ORAL ORDER
1. Heard Mr. Sunil B. Parikh, learned advocate appearing
for the appellant, Mr. Mohsin M. Hakim, learned advocate
has joined court proceedings virtually.
2. At the outset it is required to be noted that the
respondent No. 6 namely Abdul Karim Ishabhai Kuka is
reported to have expired. Pursuant to the report dated
27.06.2024, submitted by the learned Principal District
Judge, Dahod, along with the said report, the copy of the
death certificate of respondent No. 6 has also been annexed
wherein the date of death reflected is 29.11.2018.
3. Considering the aforesaid development, learned
advocate appearing for the appellant-Insurance Company
had sought for an adjournment to take appropriate steps in
this regard. Despite sufficient opportunities being granted,
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C/FA/1670/2015 ORDER DATED: 28/04/2026
learned advocate has been unable to secure the details of
heirs and legal representatives of the deceased owner of the
insured vehicle. It was submitted that necessary details
have been sought for, however, the same has not been
received so far.
4. In view of above, the fact remains that the present
proceedings against the respondent No. 6 stands abated in
view of the expiry of the period of limitation prescribed
under Order 22 Rule 6 of the Code of Civil Procedure. Since
in the present proceedings, the challenge is to the impugned
judgment and award passed in favour of the original
claimants whereby the original opponents have been held
jointly and severally liable, the proceedings having stand
abated qua the respondent no.6, the appeal as a whole is
required to be disposed of as having abated.
5. The appeal is hereby disposed as abated. The interim
relief granted by this Court vide order dated 12.10.2015,
which has been subsequently confirmed vide order dated
13.06.2016, hereby stands vacated in view of the disposal of
the main appeal.
6. The Tribunal shall be at liberty to proceed with the
release and disbursement of the deposited awarded amount
lying in the form of fixed deposit receipts with the
Nationalised Bank, subject to due verification of the
claimants and strictly adhering to the guidelines of Hon’ble
Supreme Court in this regard.
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C/FA/1670/2015 ORDER DATED: 28/04/2026
7. At this stage, learned advocate for the appellant prays
for liberty to apply for setting aside of abatement and
further urges to not to release and disburse the award
amount till reopening of the Court i.e after summer
vacation.
8. Considering the above prayer of the appellant which is
not opposed by learned advocate for the claimant, the
Tribunal is directed to undertake such exercise of
disbursement after 08.06.2026.
9. Record and proceedings are directed to be sent back
forthwith with the concerned Court with the writ of this
order.
(NISHA M. THAKORE,J)
MARY VADAKKAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 28/04/2026 17:59:20
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