LAWS(GJH)-2023-2-575

VISABHAI PITAMBARBHAI SOLANKI Vs. LILABEN KANJIBHAI PADHIYAR

Decided On February 06, 2023
Visabhai Pitambarbhai Solanki Appellant
V/S
Lilaben Kanjibhai Padhiyar Respondents

JUDGEMENT

(1.) By way of this Appeal, the Appellant has challenged the judgment and award dtd. 15/2/2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Rajkot at Dhoraji in M.A.C.P. No.73 of 2012 (Old M.A.C.P. No.276 of 2011).

(2.) The Record and proceedings are before this Court. The learned Tribunal in its judgment and award observed that though the present appellant was the respondent No.1 in M.A.C.P. and was served, he had not appeared and also had not filed any written statement or objection. The ground that has been prayed for by the appellant in this Appeal is that he had already sold the vehicle prior to the accident and therefore, he would not be liable to pay the compensation amount as has been ordered to be recovered from him, after being paid by the Insurance Company.

(3.) Learned Advocate for the respondent has referred to the observations made in the First Appeal No.6065 of 2019 as also the grounds raised in the Cross Objection No.124 of 2021.