AJITBHAI PRANABANDHU SHAMAL Vs. LEGAL HEIRS OF DECEASED KAILASHCHANDRA GANPATBHAI BHATIYA BHATIYA DRAUPADI KAILASHCHANDRA

JUDGEMENT

(1.) Present First Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "MV Act") is filed by the appellant - original opponent No.3 challenging the impugned judgment and award dtd. 6/8/2025 passed by the learned 3rd Additional District Judge and Motor Accident Claims Tribunal (Auxi.), Ahmedabad (for short "learned Tribunal") in Motor Accident Claim Petition No.1435 of 2013, whereby the learned Tribunal was pleased to allow the claim petition of the original claimants with costs and interest against original opponent Nos.1 and 3.

(2.) Heard learned advocate Mr. Aditya J. Pandya for the appellant - original opponent No.3 and learned advocate Mr. Nishit Bhalodi for the original claimant.

(3.) It appears that Kailashchandra Ganpatbhai Bhatiya i.e. the husband of respondent No.1 herein - original claimant - insured was going on his bicycle and at that time, respondent No.2 herein - original opponent No.1 came driving his motorcycle No.GJ-01-NB-9132 in rash and negligent manner with full speed and dashed with the bicycle of the original claimant due to which the original claimant sustained serious injuries and therefore, he filed the claim petition being MACP No.1435/2013 on 30/8/2013 seeking compensation and during the pendency of petition, the original claimant died on account of the accidental injuries and therefore, respondent No.1 was impleaded as legal heir and representative of the original claimant. The MACP No.1435/2013 was filed against two opponents and present appellant was not joined as party opponent. During the pendency of claim petition, respondent No.3 - insurance company had filed an application Exh.52 and contended that the accident did not take place with the motorcycle driven by original opponent No.1 and pursuant to the said fact, claimant had filed an application (Exh.58) to reopen the right of the claimant to lead the evidence which was granted on 8/5/2025 and therefore, the original claimant moved an application (Exh.59) for joining the present appellant as party opponent No.3 in the pending claim petition. The notice was issued to the present appellant and the present appellant on being served with the notice, appeared before the learned Tribunal through advocate and filed the objection cum affidavit in reply on 11/6/2025 at Exh.64 and copy was served to the claimant also. Thereafter, the matter was adjourned on 25/6/2025 and 3/7/2025 but no proceeding took place and the next date in the mater was 30/7/2025 for applicant's evidence. Though shockingly the claimant moved an application (Exh.65) dtd. 24/7/2025 for taking the matter on board without serving the copy of application and without giving any intimation to the present appellant and an ex parte order was passed on 24/7/2025 below application Exh.59 for joining the present appellant as party opponent No.3 without giving an opportunity of hearing to the present appellant.