AJAY @ TANVIR BABULAL JAWALEversusNATIONAL INSURANCE COMPANY
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- HASMUKH D SUTHAR
Holding
In view of the amicable settlement, the impugned order is set aside and the matter is remitted to the Tribunal for fresh consideration, without examining merits.
Summary
The petitioner filed a Special Civil Application under Articles 14, 226, and 227 of the Constitution of India challenging the judgment and order dated 27.09.2024 passed by the Motor Accident Claims Tribunal (Auxi.), Surat in MACMA No.24 of 2024. The petitioner also sought permission to withdraw his part of share from the deposited compensation. During the pendency of the petition, the parties arrived at an amicable settlement and an affidavit of settlement dated 15.11.2025 was tendered before the learned Tribunal. The Court heard the learned advocates appearing for the respective parties. The Court quashed and set aside the impugned order dated 27.09.2024 and remitted the matter back to the learned Tribunal. The parties were given liberty to file a fresh affidavit of settlement before the learned Tribunal. The Tribunal was directed to consider the matter afresh at the earliest, preferably within one month from the date of receipt of the order. The petition was disposed of, with a clarification that the Court has not examined the merits of the case.
Issues considered
- Whether the impugned order dated 27.09.2024 passed by the Motor Accident Claims Tribunal in MACMA No.24 of 2024 should be quashed and set aside in view of the amicable settlement between the parties?
- Whether the petitioner should be permitted to withdraw his part of share from the deposited compensation?
- Whether the matter should be remitted to the Tribunal for fresh consideration in light of the settlement affidavit?
Legislation cited
- Constitution of Indias. 14, s. 226, s. 227
Subjects
Judgment
C/SCA/6069/2025 ORDER DATED: 16/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6069 of 2025
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AJAY @ TANVIR BABULAL JAWALE
Versus
NATIONAL INSURANCE COMPANY & ORS.
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Appearance:
MR NIRAV C SANGHAVI(5950) for the Petitioner(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the
Respondent(s) No. 2
MR YOGI K GADHIA(5913) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2.1,2.2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/01/2026
ORAL ORDER
Registry to accept vakalatnama of learned advocate Mr.
Pundreek B. Odedara who has instructions to appear for
respondent Nos.2.1 and 2.2.
By way of present petition under Articles 14, 226 and 227
of the Constitution of India, the petitioner has prayed for
issuance of appropriate writ, order or direction quashing and
setting aside the judgment and order dated 27.09.2024 passed
by the learned Motor Accident Claims Tribunal (Auxi.), Surat in
MACMA No.24 of 2024 and to permit withdrawal of his part of
share from the deposited compensation.
Heard learned advocate appearing for the respective
parties.
At the outset, it is worth to mention that the parties have
arrived at an amicable settlement and aCdavit of settlement
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C/SCA/6069/2025 ORDER DATED: 16/01/2026
dated 15.11.2025 was tendered before the learned Tribunal.
In view of above, impugned order dated 27.09.2024 passed
by the learned Tribunal in MACMA No.24 of 2024 is hereby
quashed and set aside and the matter is remitted back to the
learned Tribunal. Parties shall have liberty to Dle fresh aCdavit
of settlement before the learned Tribunal and considering the
aspect of settlement, the learned Tribunal shall consider the
matter afresh at the earliest and preferably within a period of
ONE MONTH from the date of receipt of the present order.
With above direction, present petition is disposed of. It is
made clear that this Court has not examined the merits of the
case.
(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 16/01/2026 14:31:50
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