Gujarat High Court
Oriental Insurance Co Ltd vs Rajeshwarikumari Janaksinh Chauhan on 9 January, 2025
Author: Biren Vaishnav
Bench: Biren Vaishnav
NEUTRAL CITATION
C/FA/963/2011 JUDGMENT DATED: 09/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 963 of 2011
With
R/FIRST APPEAL NO. 964 of 2011
With
R/FIRST APPEAL NO. 965 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
No
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ORIENTAL INSURANCE CO LTD
Versus
RAJESHWARIKUMARI JANAKSINH CHAUHAN & ORS.
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR JM BAROT(143) for the Defendant(s) No. 1,2
RULE NOT RECD BACK for the Defendant(s) No. 4
RULE UNSERVED for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 09/01/2025
COMMON ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE DEVAN M. DESAI)
1. The captioned First Appeals are preferred by the appellant-Insurance Company against the impugned Page 1 of 6 Uploaded by MANOJ KUMAR(HC01092) on Tue Jan 21 2025 Downloaded on : Fri Jan 31 23:45:17 IST 2025 NEUTRAL CITATION C/FA/963/2011 JUDGMENT DATED: 09/01/2025 undefined common judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Sabarkantha, at Himatnagar in Motor Accident Claim Petition No.875 of 2006 and other allied matters, whereby the learned tribunal has partly allowed the claim petitions.
2. Heard learned advocate Mr.Vibhuti Nanavati for the appellant-original opponent No.3 and learned advocate Mr.J.M.Barot for respondent Nos.1 and 2-original claimant Nos.1 and 2.
3. Brief facts narrated in the present First Appeal are as under:-
3.1 On 25.03.2006, one Janaksinh Chauhan was going from Himatnagar to Prantij on his Motorcycle bearing registration No.GJ-16-J-7887 with his wife Pushpaben and minor daughters Priyanshukumari and Rajeshwarikumari as pillion riders. At about 6.45 p.m., when they reached near Kohinoor Motors, Sim-village Page 2 of 6 Uploaded by MANOJ KUMAR(HC01092) on Tue Jan 21 2025 Downloaded on : Fri Jan 31 23:45:17 IST 2025 NEUTRAL CITATION C/FA/963/2011 JUDGMENT DATED: 09/01/2025 undefined Hajipur, original opponent No.1 driver of Truck bearing registration No.RJ-14-1-G-5110, was going ahead of them, and all of a sudden, the said truck applied brakes without any sign and signal. Resultantly, the motorcycle rammed into the backside of the truck resulting into serious injuries to all the four persons riding on the motorcycle. Because of the accidental injuries, Janaksinh Chauhan, Priyanshukumari and Pushpaben died and Rajeshwarikumari sustained serious bodily injuries. 3.2 Four separate claim petitions being Motor Accident Claim Petition Nos.875, 876, 877 and 878 of 2006 were filed by the present respondent Nos.1 and 2 namely Rajeshwarikumari Janaksinh Chauhan and Ruprajkumari Janaksinh Chauhan.
3.3 The captioned First Appeals are arising out of Motor Accident Claim Petition Nos.876, 877 of 2006 which Page 3 of 6 Uploaded by MANOJ KUMAR(HC01092) on Tue Jan 21 2025 Downloaded on : Fri Jan 31 23:45:17 IST 2025 NEUTRAL CITATION C/FA/963/2011 JUDGMENT DATED: 09/01/2025 undefined were filed by respondent Nos.1 and 2 for a compensation of Rs.5,00,000/- and Rs.2,50,000/- respectively and Claim Petition No.878 of 2006 was filed by injured herself i.e. respondent No.1 for a compensation of Rs.1,00,000/-. All four claim petitions were consolidated and common evidence was recorded in MACP No.875 of 2006 and by a common judgment and award dated 25.11.2010, learned Motor Accident Claims Tribunal (Main), Sabarkantha at Himatnagar partly allowed all four claim petitions by holding truck driver negligent to the extent of 90% and the motorcyclist-deceased Janksinh Chauhan to the extent of 10% for the accident. The learned Tribunal while deciding all four claim petitions awarded an amount of compensation with interest @ 7.5% as follows:-
Number of petitions Amount in Rs.
MACP No.875 of 2006 15,91,783/
MACP No.876 of 2006 3,33,000/-
MACP No.877 of 2006 1,54,500/-
MACP No.878 of 2006 55,500/-
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NEUTRAL CITATION
C/FA/963/2011 JUDGMENT DATED: 09/01/2025
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3.4 Being aggrieved and dissatisfied with the holding
of the driver of the truck negligent to the extent of 90%, the appellant-Insurance Company is before this Court.
4. We have heard the submissions canvassed by the learned advocates for the parties and perused the materials available on record. Though, various grounds have been raised in the memo of appeals, the fact remains that the total amount involved in the captioned First Appeals Nos.963, 964 and 965 of 2011 are only Rs.3,33,000/-, Rs.1,54,500/- and Rs.55,000/- respectively.
5. Considering the smallness of amount, we have found no reason to interfere with the impugned common judgment and award passed by the learned Tribunal.
Hence, the captioned First Appeals are hereby dismissed. No order as to costs.
6. Accordingly, only on the ground of smallness of Page 5 of 6 Uploaded by MANOJ KUMAR(HC01092) on Tue Jan 21 2025 Downloaded on : Fri Jan 31 23:45:17 IST 2025 NEUTRAL CITATION C/FA/963/2011 JUDGMENT DATED: 09/01/2025 undefined amount, it is hereby clarified that this order may not be considered as precedent in other claim petition arising out of the same accident.
7. Record and Proceedings be sent back to the concerned Court/Tribunal.
(BIREN VAISHNAV, J) (D. M. DESAI,J) MANOJ Page 6 of 6 Uploaded by MANOJ KUMAR(HC01092) on Tue Jan 21 2025 Downloaded on : Fri Jan 31 23:45:17 IST 2025