Gujarat High Court
New India Assurance Co. Ltd vs Kailashben W/O Arvindbhai Vaghjibhai ... on 2 April, 2025
NEUTRAL CITATION
C/FA/1687/2015 JUDGMENT DATED: 02/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1687 of 2015
With
R/FIRST APPEAL NO. 1688 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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NEW INDIA ASSURANCE CO. LTD.
Versus
KAILASHBEN W/O ARVINDBHAI VAGHJIBHAI PATEL -DECD. & ORS.
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Appearance:
MS E.SHAILAJA(2671) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Defendant(s) No. 7
MR SUNIL B PARIKH(582) for the Defendant(s) No. 6
MR.HIREN M MODI(3732) for the Defendant(s) No. 1,3,4
MS CHETNABEN JOSHI(2313) for the Defendant(s) No. 7
RULE SERVED for the Defendant(s) No. 5
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 02/04/2025
COMMON ORAL JUDGMENT
1. The present appeals are preferred by the appellant against the common judgment and award dated 31.03.2015 passed by the learned Motor Accident Claims Tribunal (Aux), 2nd Additional District Judge, Ahmedabad in MACP No.957 of 1997 to 960 of 1957, 988 to 989 of 1997 and 1160 to 1161 of 1997. R/First Appeal No.1687 of 2015 is Page 1 of 3 Uploaded by RINKU MALI(HC01574) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:35:54 IST 2025 NEUTRAL CITATION C/FA/1687/2015 JUDGMENT DATED: 02/04/2025 undefined arising out of Motor Accident Claim Petition No.957 of 1997 and R/First Appeal No.1688 of 2015 is arising out of Motor Accident Claim Petition No.958 of 1997.
2. Heard learned advocate Ms. E.Shailaja for the appellants and learned advocate Mr. Sunil B. Parikh for the respondent No.6. Though served, none appeared for respondent No.5.
3. The learned Tribunal has after considering the arguments of the learned advocates for the respective parties awarded compensation of Rs.2,35,800/- and Rs.2,64,300/- respectively with interest at the rate of 9%. Considering the smallness of amount, this Court finds no reason to interfere in the impugned judgment and award passed by the learned Tribunal. The present First Appeals stand disposed of. Notice/Notice of admission is discharged. Interim relief, if any, stands vacated. Page 2 of 3 Uploaded by RINKU MALI(HC01574) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:35:54 IST 2025
NEUTRAL CITATION C/FA/1687/2015 JUDGMENT DATED: 02/04/2025 undefined
4. It is made clear that this order would have no bearing and/or shall not be considered as precedent in any of the matters connected to the accident in question vis-a- vis the impugned judgment and award.
5. Record and proceedings, if any, be sent back to the concerned Court immediately.
6. Since the main Appeals are disposed of, Civil Application/s pending, if any, would not survive and stand disposed of accordingly. Rule/Notice in the Civil Application/s, pending, if any, is discharged.
(D. M. DESAI,J) RINKU MALI Page 3 of 3 Uploaded by RINKU MALI(HC01574) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:35:54 IST 2025