LAWS(GJH)-2023-3-851

ORIENTAL INSRUANCE COMPANY LTD Vs. PATEL ALPESHBHAI DAHYABHAI

Decided On March 02, 2023
Oriental Insruance Company Ltd Appellant
V/S
Patel Alpeshbhai Dahyabhai Respondents

JUDGEMENT

(1.) Challenge is given to the judgment and award dtd. 27/9/2016 delivered by learned 3rd MACT (Aux), Mehsana at Visnagar in MACP no.465/12 (Old no.505/07) mainly on the ground that the claim petition was transferred from Mehsana to Visnagar Tribunal and no notice was issued by the Tribunal at Visnagar and thus, it has been urged by the appellant- insurance Company that they could not defend their case. Hence, Mr. Palak Thakkar, learned advocate for the appellant states that it is in complete violation of principles of natural justice.

(2.) Transfer of the petition would be under the administrative orders of the Court when the jurisdiction is granted to the concerned Tribunal. As per the record, the insurance Company was represented by learned advocate Mr. K.B. Brahmbhatt and the observation in the judgment shows that learned advocate for the opponent no.2 appeared, but had not filed any written statement. There is no reason to entertain the appeal on that very ground since as observed, the insurance Company was represented by an advocate.

(3.) For other grounds so raised regarding the income and disability and further the multiplier in accordance to the impugned judgment show that all these grounds have been appropriately addressed by the Tribunal in view of the judgment of the Hon'ble Apex Court. Hence, the appeal is not required to be entertained and stands dismissed.