C/FA/3345/2019 ORDER DATED: 07/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3345 of 2019
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NEW INDIA ASSURANCE CO LTD
Versus
KAMLESHBHAI UMESHBHAI KAHAR
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Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
MR MITESH L RANGRAS(3324) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 1,2,3,5,6
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
Date : 07/02/2023
ORAL ORDER
1. This appeal has been filed by the insurer under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the Motor Accident Claims Tribunal.
2. At the outset, it deserves to be noted that challenge made by the insurer in this appeal is less than Rs.1,00,000/- or restricted to less than Rs.1,00,000/-.
3. I have heard the learned advocates appearing for the parties. Learned advocate appearing for the respective Page 1 of 3 Downloaded on : Mon Feb 13 20:41:45 IST 2023 C/FA/3345/2019 ORDER DATED: 07/02/2023 appellant - Insurer fairly submitted that in view of the amount involved in this appeal has been less than Rs.1,00,000/-, this appeal may be disposed of in accordance with law.
4. On perusal of the grounds urged in the appeal memorandum and in view of the submission that amount involved in this appeal is less than Rs. 1,00,000/- and having regard to the smallness of the amount, this Court is of the considered view that appeal deserves to be dismissed and accordingly it is dismissed. The compensation awarded seems just and reasonable and no interference is called for. It is clarified, this appeal is disposed of only on the ground of smallness of the compensation amount without expressing any opinion on merits and question of law raised in the appeal is kept open to be urged in appropriate appeal by the insurer. This order would not come in the way of adjudication of any other appeal pending against the same judgment and award or adjudication of any other claim petition arising out of same accident. Pending civil application/s, if any, stands disposed of as having become infructuous. No order as to costs. Page 2 of 3 Downloaded on : Mon Feb 13 20:41:45 IST 2023
C/FA/3345/2019 ORDER DATED: 07/02/2023
5. Record & Proceedings of the Tribunal and amount, if any deposited in this appeal, is ordered to be transmitted by the Registry of this Court to the jurisdictional court or Tribunal forthwith along with accrued interest if any. The entire award amount be disbursed and released in favour of claimant/s after due verification by transferring said amount/s to the account/s of claimant/s by RTGS or NEFT.
(ARAVIND KUMAR,CJ) Vahid Page 3 of 3 Downloaded on : Mon Feb 13 20:41:45 IST 2023