C/FA/1670/2015 ORDER DATED: 28/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1670 of 2015 ========================================================== NATIONAL INSURANCE COMPANY LTD. Versus JAMNABEN WD/O SHANKARBHAI HALABHAI MACHHAR & ORS. ========================================================== Appearance: MR SUNIL B PARIKH(582) for the Appellant(s) No. 1 DELETED for the Defendant(s) No. 5 MR MTM HAKIM(1190) for the Defendant(s) No. 1,2,3,4 UNSERVED EXPIRED (N) for the Defendant(s) No. 6 ========================================================== CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 28/04/2026 ORAL ORDER 1. Heard Mr. Sunil B. Parikh, learned advocate appearing for the appellant, Mr. Mohsin M. Hakim, learned advocate has joined court proceedings virtually. 2. At the outset it is required to be noted that the respondent No. 6 namely Abdul Karim Ishabhai Kuka is reported to have expired. Pursuant to the report dated 27.06.2024, submitted by the learned Principal District Judge, Dahod, along with the said report, the copy of the death certificate of respondent No. 6 has also been annexed wherein the date of death reflected is 29.11.2018. 3. Considering the aforesaid development, learned advocate appearing for the appellant-Insurance Company had sought for an adjournment to take appropriate steps in this regard. Despite sufficient opportunities being granted, C/FA/1670/2015 ORDER DATED: 28/04/2026 learned advocate has been unable to secure the details of heirs and legal representatives of the deceased owner of the insured vehicle. It was submitted that necessary details have been sought for, however, the same has not been received so far. 4. In view of above, the fact remains that the present proceedings against the respondent No. 6 stands abated in view of the expiry of the period of limitation prescribed under Order 22 Rule 6 of the Code of Civil Procedure. Since in the present proceedings, the challenge is to the impugned judgment and award passed in favour of the original claimants whereby the original opponents have been held jointly and severally liable, the proceedings having stand abated qua the respondent no.6, the appeal as a whole is required to be disposed of as having abated. 5. The appeal is hereby disposed as abated. The interim relief granted by this Court vide order dated 12.10.2015, which has been subsequently confirmed vide order dated 13.06.2016, hereby stands vacated in view of the disposal of the main appeal. 6. The Tribunal shall be at liberty to proceed with the release and disbursement of the deposited awarded amount lying in the form of fixed deposit receipts with the Nationalised Bank, subject to due verification of the claimants and strictly adhering to the guidelines of Hon’ble Supreme Court in this regard. C/FA/1670/2015 ORDER DATED: 28/04/2026 7. At this stage, learned advocate for the appellant prays for liberty to apply for setting aside of abatement and further urges to not to release and disburse the award amount till reopening of the Court i.e after summer vacation. 8. Considering the above prayer of the appellant which is not opposed by learned advocate for the claimant, the Tribunal is directed to undertake such exercise of disbursement after 08.06.2026. 9. Record and proceedings are directed to be sent back forthwith with the concerned Court with the writ of this order. (NISHA M. THAKORE,J) MARY VADAKKAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 28/04/2026 17:59:20