Gujarat High Court
National Insurance Company Ltd vs Legal Heirs Of Decd. Yunusbhai ... on 17 February, 2025
NEUTRAL CITATION
C/FA/2115/2016 JUDGMENT DATED: 17/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2115 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
==========================================================
Approved for Reporting Yes No
✓
==========================================================
NATIONAL INSURANCE COMPANY LTD.
Versus
LEGAL HEIRS OF DECD. YUNUSBHAI GAFARBHAI BHUVAR & ORS.
==========================================================
Appearance:
MASUMI V NANAVATY(9321) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Defendant(s) No. 1
MR TUSHAR L SHETH(3920) for the Defendant(s) No. 1.1,1.2
RULE SERVED for the Defendant(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 17/02/2025
ORAL JUDGMENT
1. The present First Appeal is filed challenging the judgment and award dated 17.06.2016 passed by the learned Motor Accident Claims Tribunal, (Aux.), Junagadh in MACP No.24 of 2002 on various grounds. Page 1 of 3 Uploaded by RINKU MALI(HC01574) on Tue Feb 25 2025 Downloaded on : Fri Feb 28 23:26:08 IST 2025
NEUTRAL CITATION C/FA/2115/2016 JUDGMENT DATED: 17/02/2025 undefined
2. Heard learned advocate Mr. Vibhuti Nanavati for the appellant and learned advocate Mr. Tushar L. Sheth for the respondent Nos.1.1 and 1.2. Though served, none appeared for respondent No.2.
3. The learned Tribunal has after considering the arguments of the learned advocates for the respective parties awarded compensation of Rs.2,46,400/- with proportionate costs and interest at the rate of 9% per annum from the date of the petition till its realization. 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 disposed of. 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 Page 2 of 3 Uploaded by RINKU MALI(HC01574) on Tue Feb 25 2025 Downloaded on : Fri Feb 28 23:26:08 IST 2025 NEUTRAL CITATION C/FA/2115/2016 JUDGMENT DATED: 17/02/2025 undefined of the matters connected to the accident in question vis-a- vis the impugned judgment and award.
5. Record and proceedings, if any, to be sent back to the concerned Court immediately.
6. The appellant is at liberty to revive the appeal in case of any difficulty.
7. Since the main Appeal is 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 Tue Feb 25 2025 Downloaded on : Fri Feb 28 23:26:08 IST 2025