IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1233 of 2026 ========================================================== LEGAL HEIRS OF DECEASED HITESHBHAI RAMESHBHAI PATEL, RAMESHBHAI SHAMALBHAI PATEL Versus CHOLA MS GENERAL INSURANCE CO.LTD ========================================================== Appearance: MR V B MALIK(5071) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/02/2026 ORAL ORDER 1. Heard learned advocate for the petitioner. 2. The present petition is filed by the petitioner seeking the following reliefs: (A)This Hon'ble Court may be pleased to quash and set aside the impugned order passed in paragraph no.3, passed by the Motor Accident Claim Tribunal, Aravalli At, Modasa in Misc Civil Application, No.141/2025, in Motor Accident Claim case No.97/2000, dated, 07/01/2026, and further directed the Learned Tribunal to Disburse and release amount in favour of the petitioner, as per the order passed by this Hon'ble Court on dated in Special Civil Application No. in the 11624/25 interest of justice. (B)This Hon'ble Court may be pleased to pending admission hearing. and till final disposal of present petition order to stay the implementation of order para no,3, passed by motor accident claims tribunal, in the interest of justice. (C)This Hon'ble Court would be pleased to award the costs of present petition. (D)This Hon'ble Court would be pleased to grant such other further relief/s as may be deemed fit, just and proper in the facts circumstances of the case, in the interest of justice. p. 2 3. Having heard the learned advocate for the petitioner and upon considering the documents on record, it clearly appears that the learned Tribunal has not passed any order qua apportionment of any amount of compensation of late Shrimati Daiben and the issue has been kept open for the claimants to apply afresh. 4. In view of the above, no case is made out to pass any order or to interfere with the order passed by the learned Tribunal. Even assuming the submission of the learned advocate for the petitioner regarding any arithmetical error in calculation in the apportionment, prior to withdrawal of the amount or compliance with the said order, it is kept open for the petitioner to bring the same to the notice of the learned Tribunal for appropriate apportionment and determination of entitlement in accordance with the earlier order passed by this Court in Special Civil Application No.12624 of 2025 dated 27.11.2025. 5. With the aforesaid directions, the petition stands disposed of. (HASMUKH D. SUTHAR,J) ALI