Oriental Insurance Company Ltd vs Gabhrubhai @ Gabhubhai Hathibhai ...

     C/FA/2546/2012                                     ORDER DATED: 09/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/FIRST APPEAL NO. 2546 of 2012
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             ORIENTAL INSURANCE COMPANY LTD
                          Versus
      GABHRUBHAI @ GABHUBHAI HATHIBHAI JILIYA & 1 other(s)
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR Y J PATEL(3985) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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CORAM:        HONOURABLE MR. JUSTICE HEMANT M.
                          PRACHCHHAK
                     Date : 09/02/2023
                      ORAL ORDER

1. This appeal is filed by the appellant-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 the challenge made by the insurer in this appeal is less than Rs.1,00,000/- or is restricted to the amount less than Rs.1,00,000/-.

3. I have heard the learned advocates appearing for the parties. Learned advocate appearing for the appellant

- Insurer fairly submitted that in view of the fact that the amount involved in this appeal is 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 Page 1 of 3 Downloaded on : Thu Feb 09 20:58:02 IST 2023 C/FA/2546/2012 ORDER DATED: 09/02/2023 having regard to the smallness of the amount, this Court is of the considered view that this appeal deserves to be disposed of and accordingly it is DISPOSED OF. The compensation awarded seems just and reasonable and hence, no interference is called for.

4.1 It is clarified that this appeal is disposed of only on the ground of smallness of the compensation amount, without expressing any opinion on merits, and the 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 the same accident.

4.2 Pending civil application/s, if any, stands DISPOSED OF, as having become infructuos.

4.3 Record & Proceedings of the Tribunal and the amount of compensation, if any, deposited in this appeal, is ordered to be transmitted by the Registry of this Court to the jurisdictional court or the Tribunal FORTHWITH, along with accrued interest, if any.

4.4 The entire award amount be disbursed and released in favour of claimant/s, after due verification, by transferring the said amount/s to the account/s of claimant/s by RTGS or NEFT. No order as to costs.

C/FA/2546/2012 ORDER DATED: 09/02/2023 (HEMANT M. PRACHCHHAK,J) UMESH/-