C/FA/3327/2013 ORDER DATED: 07/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3327 of 2013
With
R/FIRST APPEAL NO. 3328 of 2013
With
R/FIRST APPEAL NO. 3329 of 2013
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NATIONAL INSURANCE CO
Versus
HABIBKHA MUKHTYARKHAN PATHAN & 2 other(s)
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Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 3
UNSERVED EXPIRED (R) for the Defendant(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
Date : 07/02/2023
ORAL ORDER
1. These appeals have 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 these appeals is less than Rs.1,00,000/- or restricted to less than Rs.1,00,000/-.
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C/FA/3327/2013 ORDER DATED: 07/02/2023
3. I have heard the learned advocates appearing for the parties. Learned advocate appearing for the respective appellant - Insurer fairly submitted that in view of the amount involved in these appeals has been less than Rs.1,00,000/-, these appeals may be disposed of in accordance with law.
4. On perusal of the grounds urged in the appeals memorandum and in view of the submission that amount involved in these appeals is less than Rs. 1,00,000/- and having regard to the smallness of the amount, this Court is of the considered view that appeals deserve to be dismissed and accordingly they are dismissed. The compensation awarded seems just and reasonable and no interference is called for. It is clarified, these appeals are 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 appeals 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 Page 2 of 3 Downloaded on : Sat Feb 11 20:46:50 IST 2023 C/FA/3327/2013 ORDER DATED: 07/02/2023 accident. Pending civil application/s, if any, stands disposed of as having become infructuous. No order as to costs.
5. Record & Proceedings of the Tribunal and amount, if any deposited in these appeals, are 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.
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