Gujarat High Court
New United India Insurance Co. Ltd vs Jivtiben Savjibhai Bajaniya on 17 February, 2025
NEUTRAL CITATION
C/FA/2573/2015 JUDGMENT DATED: 17/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2573 of 2015
With
R/CROSS OBJECTION NO. 17 of 2016
In
R/FIRST APPEAL NO. 2573 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 UNITED INDIA INSURANCE CO. LTD.
Versus
JIVTIBEN SAVJIBHAI BAJANIYA & ORS.
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Appearance:
ADVOCATE NOTICE SERVED for the Appellant(s) No. 1
KAASH K THAKKAR(7332) for the Defendant(s) No. 1
MS ASHLESHA M PATEL(6127) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 17/02/2025
ORAL JUDGMENT
ORDER IN FIRST APPEAL:-
1. The present First Appeal is filed challenging the judgment and award dated 29.11.2011 passed by the learned Motor Accident Claims Tribunal, (Aux.), Patan in MACP No.251 of 2007 and order dated 04.07.2015 passed Page 1 of 3 Uploaded by RINKU MALI(HC01574) on Tue Feb 25 2025 Downloaded on : Fri Feb 28 23:26:13 IST 2025 NEUTRAL CITATION C/FA/2573/2015 JUDGMENT DATED: 17/02/2025 undefined by learned Motor Accident Claims Tribunal, (Aux.), Patan in M.A.C. Review Application No.1 of 2014 on various grounds.
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.2,26,000/- with proportionate costs and interest at the rate of 9.5% 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. Page 2 of 3 Uploaded by RINKU MALI(HC01574) on Tue Feb 25 2025 Downloaded on : Fri Feb 28 23:26:13 IST 2025
NEUTRAL CITATION C/FA/2573/2015 JUDGMENT DATED: 17/02/2025 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, 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. Order in R/Cross Objection No. 17 of 2016 in R/First Appeal No.2573 of 2015:-
Stand over to 28.02.2025.
(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 23:26:13 IST 2025