Gujarat High Court
National Insurance Co Ltd vs Dalsukhbhai @ Dalabhai Dhirabhai Khant on 24 April, 2025
NEUTRAL CITATION
C/FA/1218/2025 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1218 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/FIRST APPEAL NO. 1218 of 2025
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NATIONAL INSURANCE CO LTD
Versus
DALSUKHBHAI @ DALABHAI DHIRABHAI KHANT & ORS.
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 24/04/2025
ORAL ORDER
1. The present appeal is preferred by the appellant against the common judgment and award dated 05.08.2024 passed by the learned Motor Accident Claims Tribunal (Auxi.) & 5 th Additional District Judge, Ahmedabad in MACP No498 of 2013 on various grounds.
2. Heard learned advocate Mr. Palak H. Thakkar for the appellant.
3. Learned advocate for the appellant has submitted that claim petition was allowed by learned Tribunal by holding that driver of Tractor bearing Registration No.GJ-LQ-1906 attached Page 1 of 3 Uploaded by RINKU MALI(HC01574) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 03:07:26 IST 2025 NEUTRAL CITATION C/FA/1218/2025 ORDER DATED: 24/04/2025 undefined with a trolley bearing registration No.GJ-1-CX-2686 is negligent to the extent of 80% and driver of car bearing Registration No.GJ-KF-8237 is negligent to the extent of 20% in causing the accident. Learned Tribunal partly allowed the claim petition granting compensation of Rs.8,66,000/- with proportionate costs and interest @ 9% interest per annum from the date of filing claim application till realization. It is further submitted that the challenge in the present First Appeal by the Insurance Company is on the ground of policy being an act policy and on the ground of negligence. Insurance Company has wrongly been held liable for the compensation. However, it appears that from the impugned judgment and award that liability of the present appellant is to the extent of Rs.1,73,200/-.
3. The learned Tribunal has after considering the arguments of the learned advocates for the respective parties awarded compensation of Rs. 1,73,200/- with @ 9% interest per annum from the date of filing claim application till realization. Page 2 of 3 Uploaded by RINKU MALI(HC01574) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 03:07:26 IST 2025
NEUTRAL CITATION C/FA/1218/2025 ORDER DATED: 24/04/2025 undefined 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 Appeal stands dismissed. Notice/Notice of admission is discharged. Interim relief, if any, stands vacated.
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 Appeal is dismissed, 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 Thu Apr 24 2025 Downloaded on : Fri Apr 25 03:07:26 IST 2025