VAISHALIBEN MUKESHBHAI JANI Vs. PARMAR YOGENDRASINH PRAVINSINH

JUDGEMENT

(1.) RULE. Learned advocates waive service of notice of rule on behalf of respective respondents. With the consent of both the sides, the matter was heard finally and has been disposed of by this judgment.

(2.) By way of this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners, who are legal heirs of deceased Mukeshbhai Suryakantbhai Jani, have prayed to quash and set aside the order dtd. 6/8/2021 below Exhibit- 13 in MACEX No.2 of 2021 in M.A.C.P. No.75 of 2021 passed by M.A.C.T. (Main) & learned Principal District Judge, Gir- Somnath at Veraval whereby, the said Execution Petition was allowed and it was held that respondent No.3 herein - Reliance General Insurance Company was entitled to receive the excess amount of Rs.8,05,028.00, which was paid by respondent No.3 to the petitioners herein, original claimants; and to direct respondent No.3 to deposit the deficit amount of Rs.2,45,661.00 before the Tribunal.

(3.) The facts in brief are that on 28/5/2012 deceased - Mukeshbhai Suryakantbhai Jani was going towards Naliya along with other persons in a four-wheeler - Jeep bearing registration No. GJ-12T-1862, which was insured with respondent No.6 herein. While they were on the way, their vehicle met with an accident with a Truck bearing registration No. GJ-12Z-2338, which was insured with respondent No.3 herein - Reliance General Insurance Company Ltd. and in the said accident, Mukeshbhai Suryakantbhai Jani sustained severe bodily injuries and passed away.