Gujarat High Court
Oriental Insurance Company vs Rakeshkumar Devilal Shah on 27 June, 2025
NEUTRAL CITATION
C/FA/490/2013 ORDER DATED: 27/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 490 of 2013
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ORIENTAL INSURANCE COMPANY
Versus
RAKESHKUMAR DEVILAL SHAH & ORS.
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Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
ADVOCATE NOTICE SERVED for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2,3
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 27/06/2025
ORAL ORDER
1. This appeal has been filed by the insurer under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the Motor Accident Claims Tribunal.
2. At the outset, it deserves to be noted that challenge made by the insurer in this appeal is less than Rs.1,00,000/- or restricted to less than Rs.1,00,000/-.
3. Learned advocate for the appellant - Insurer fairly submitted that in view of the amount involved in this appeal has been less than Rs.1,00,000/-, this appeal may be disposed of in accordance with law.
4. On perusal of the grounds urged in the appeal memorandum and in view of the submission that amount involved in this Page 1 of 2 Uploaded by GIRISH K PARMAR(HC00954) on Mon Jun 30 2025 Downloaded on : Mon Jun 30 22:29:25 IST 2025 NEUTRAL CITATION C/FA/490/2013 ORDER DATED: 27/06/2025 undefined appeal is less than Rs. 1,00,000/- and having regard to the smallness of the amount, this Court is of the considered view that appeal deserves to be dismissed and accordingly it is dismissed. The compensation awarded seems just and reasonable and no interference is called for. It is clarified, this appeal is disposed of only on the ground of smallness of the compensation amount without expressing any opinion on merits and question of law raised in the appeal is kept open to be urged in appropriate appeal by the insurer. This order would not come in the way of adjudication of any other appeal pending against the same judgment and award or adjudication of any other claim petition arising out of same accident. Pending civil application/s, if any, stands disposed of as having become infructuous. No order as to costs.
5. Record & Proceedings of the Tribunal and amount, if any deposited in this appeal, is ordered to be transmitted by the Registry of this Court to the jurisdictional court or Tribunal forthwith along with accrued interest if any. The entire award amount be disbursed and released in favour of claimant/s after due verification by transferring said amount/s to the account/s of claimant/s by RTGS or NEFT.
(MOOL CHAND TYAGI, J) GIRISH Page 2 of 2 Uploaded by GIRISH K PARMAR(HC00954) on Mon Jun 30 2025 Downloaded on : Mon Jun 30 22:29:25 IST 2025