NEUTRAL CITATION
C/FA/1977/2006 ORDER DATED: 04/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1977 of 2006
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THE NEW INDIA ASSURANCE CO. LTD.
Versus
FUDABHAI NATHABHAI PARMAR & 3 other(s)
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 3
MR HARDIK A DAVE(3764) for the Defendant(s) No. 1,2
MR HARSHADRAY A DAVE(3461) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 04/09/2023
ORAL ORDER
1. Being dissatisfied with the award and judgment dated 10.01.2006 passed in MACP No. 466 of 1993, whereby, the Tribunal has awarded an amount of compensation to the tune of Rs.1,00,000/- directing the Insurance Company to pay the said amount with interest @ 7.5%., the Appellant Insurance Company of the vehicle involved has preferred the present appeal.
2. Mr. Sunil Parikh, learned counsel appearing for the appellant Insurance Company has submitted that, the Tribunal erred in fastening the liability of the Insurance Company to pay the amount of compensation, as the Insurance Company neither contractually nor statutorily is liable to pay the amount of compensation. He submitted that, the claimants were traveling in a goods vehicle as passenger and his risk was not covered either statutorily or by Page 1 of 2 Downloaded on : Sat Sep 16 15:55:49 IST 2023 NEUTRAL CITATION C/FA/1977/2006 ORDER DATED: 04/09/2023 undefined paying extra premium and therefore, the Insurance Company cannot be held liable for the amount of compensation.
3. Having heard the learned counsel for the respective parties and the amount involved in this appeal, this Court of the considered view that, the appeal deserves to be dismissed. It is made it clear that, the appeal is disposed of only on the ground of smallness of the compensation amount without expressing any opinion on merits and issue of liability raised in the appeal. This order would not come in the way of any adjudication of any other appeal on the same ground or any legal ground.
4. Accordingly, the appeal stands dismissed. Decree be drawn accordingly. The Tribunal shall disburse the entire amount in favour of the claimants.
(ILESH J. VORA,J) P.S. JOSHI Page 2 of 2 Downloaded on : Sat Sep 16 15:55:49 IST 2023