AT AHMEDABAD FIRST APPEAL No. 4519 of 1999 · Gujarat High Court
Case at a glance
Outcome
Dismissed
(cid:9)In the result, the appeal stands dismissed as
Provisions considered
Judgment
Hon'ble MR.JUSTICE J.R.VORA ============================================================
Whether Reporters of Local Papers may be allowed : NO to see the judgements?
To be referred to the Reporter or not? : NO
Whether Their Lordships wish to see the fair copy : NO of the judgement?
Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?
Whether it is to be circulated to the Civil Judge? : NO @ GSRTC Versus VITHTHALDAS CHAMPASHIBHAI JOBANPUTRA -------------------------------------------------------------- Appearance: MR YOGESH S LAKHANI for Appellant MR MEHUL S. SHAH for Respondent No. 1 & 2 -------------------------------------------------------------- CORAM : MR.JUSTICE N.G.NANDI MR.JUSTICE J.R.VORA Date of decision: 07/05/2002 ORAL JUDGEMENT (Per : MR.JUSTICE N.G.NANDI)
1.(cid:9)This Appeal under Section 173 of the Motor Vehicle Act is directed against the award and judgment dated 30th April, 1999 passed under Section 163A of the Act.
2.(cid:9)It is stated by Mr. Mehul S. Shah, learned advocate for respondents No. 1 and 2 - the original claimants that these respondents - original claimants would prefer to proceed with Application under Section 166 of the Act which is already pending before the Claims Tribunal and that the respondents No. 1 and 2 - original claimants be permitted to withdraw the application under Section 163A of the Act, below which the impugned order came to be passed by the Claims Tribunal on 30.4.1999.
3.(cid:9)It is further stated that the respondents No. 1 and 2 - original claimants would make a statement before the Claims Tribunal that they would proceed further with the application under Section 166 of the Act.
4.(cid:9)It is stated by Mr. Shah that application under Section 163A of the Act be permitted to be withdrawn consequently the impugned order dated 30.4.1999 would not survive.
5.(cid:9)In view of the above, the respondents No. 1 and 2 - original claimants are permitted to withdraw the Application under Section 163A of the Act and, therefore the impugned order dated 30.4.1999 passed in Motor Accident Claim Petition No. 403/97 becomes non est.
Operative part
6.(cid:9)In the result, the appeal stands dismissed as having become infrcutuous with no order as to costs.
7.(cid:9)In view of the above, the amount deposited by the appellant - Gujarat State Road Transport Corporation is permitted to be withdrawn by the appellant. (cid:9) (cid:9)(N.G. Nandi, J.)(cid:9)(J.R. Vora, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: (cid:9)In the result, the appeal stands dismissed as
Which statutory provisions did this judgment involve?
Constitution of India; Motor Vehicles Act, 1988 — s. 173.
Which court decided this case, and when?
Gujarat High Court, on 07 May 2002. The bench was N G NANDI, R VORA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.