C/FA/3601/2007 ORDER DATED: 22/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3601 of 2007
==========================================================
NEW INDIA ASSURANCE CO. LTD
Versus
DIPAKKUMAR MISHRALAL NEPALI & 7 other(s)
==========================================================
Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
MR BS KHATANA(3671) for the Defendant(s) No. 2
MR PARESH M DARJI(3700) for the Defendant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 4
NOTICE ISSUED BY GOVT. GAZETTE for the Defendant(s) No. 3,5,6,8
NOTICE SERVED for the Defendant(s) No. 7
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 22/02/2023
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 dated 24.3.2005 passed by the Motor Accident Claims Tribunal (Main) Gandhinagar in Motor Accident Claim Petition No.467 of 1987, whereby the learned Tribunal has allowed the claim petition in part and awarded Rs.1,07,000/- in favour of the original claimant. While awarding the amount of compensation, learned Tribunal has apportioned liability between two insurance companies, wherein present appellant held liable for 70% and another insurance company held liable for 30%. Feeling aggrieved and dissatisfied with the Page 1 of 3 Downloaded on : Wed Feb 22 20:54:48 IST 2023 C/FA/3601/2007 ORDER DATED: 22/02/2023 aforesaid impugned judgment and award of learned Tribunal, the insurance company original opponent No. 8 has filed present appeal.
2. I have heard learned Counsels appearing for both the sides.
3. I have considered over all facts and circumstances of the case. The challenge made in this appeal is only qua Rs.74,900/- (as 70% negligency considered by the learned Tribunal on part of present appellant) which is less than Rs.1,00,000/-. Therefore, without going into the merits of the matter, this Court is of the considered view that appeal deserves to be disposed of on the ground of smallness of amount. Accordingly, present appeal stands disposed of.
4. 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 Page 2 of 3 Downloaded on : Wed Feb 22 20:54:48 IST 2023 C/FA/3601/2007 ORDER DATED: 22/02/2023 costs.
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.
(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Page 3 of 3 Downloaded on : Wed Feb 22 20:54:48 IST 2023