Gujarat High Court
United India Insurance Co vs Rajabhai Kanjibhai Harijan on 6 May, 2025
NEUTRAL CITATION
C/FA/4149/2009 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4149 of 2009
With
R/FIRST APPEAL NO. 4150 of 2009
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UNITED INDIA INSURANCE CO
Versus
RAJABHAI KANJIBHAI HARIJAN & ORS.
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
MR DIPAK R DAVE(1232) for the Defendant(s) No. 7
MR HIMANSU M PADHYA(1611) for the Defendant(s) No. 1,2,3,4,5
SERVED BY AFFIX. (R) for the Defendant(s) No. 6
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 06/05/2025
COMMON ORAL ORDER
1. The captioned First Appeals are preferred by the appellant - Insurance Company against the common judgment and award dated 18.10.2008 passed by the learned Motor Accident Claims Tribunal (Aux.), Fast Track Court No.3, Palanpur in MACP Nos.279 of 1992 and 280 of 1992 on various grounds.
2. Heard learned advocate Mr.G.C.Mazmudar for the appellant, learned advocate Ms.Nidhi Trivdei for Page 1 of 4 Uploaded by MANOJ KUMAR(HC01092) on Thu May 08 2025 Downloaded on : Fri May 09 01:44:37 IST 2025 NEUTRAL CITATION C/FA/4149/2009 ORDER DATED: 06/05/2025 undefined learned advocate Mr.Dipak Dave for respondent No.7 and learned advocate Mr.Himanshu Padhya for respondent Nos.3 to 6.
3. Learned advocate for respondent Nos.3 to 6 submitted that the amount which has been deposited by the Insurance Company before the learned Tribunal has not be withdrawn till today and the same is lying with the learned Tribunal in a Fixed Deposit.
4. Learned advocate for respondent No.7 has submitted that, in compliance of the order dated 28.03.2025 passed by this Court, an amount of Rs.30,000/- (Rs.15,000/- for each in captioned First Appeals) has been deposited before the concerned Tribunal. A copy of receipt is placed on record. The same is taken on record. It is further submitted that the said amount be refunded to the Insurance Company.
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NEUTRAL CITATION C/FA/4149/2009 ORDER DATED: 06/05/2025 undefined
5. The learned Tribunal after considering the arguments of the learned advocates for the respective parties, awarded compensation of Rs.1,94,200 and Rs.1,69,000/- in MACP No.279 of 1992 and MACP No.280 of 1992 respectively with interest at the rate of 9% per annum from the date of application till 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 captioned First Appeals stand disposed of. Notice/Notice of admission is discharged. Interim relief, if any, stands vacated.
6. It is clarified that the amount of Rs.30,000/- (Rs.15,000/- for each in captioned First Appeals) be paid to the Insurance Company after following due procedure of law.
7. It is made clear that this order would have no bearing and/or shall not be considered as precedent in any Page 3 of 4 Uploaded by MANOJ KUMAR(HC01092) on Thu May 08 2025 Downloaded on : Fri May 09 01:44:37 IST 2025 NEUTRAL CITATION C/FA/4149/2009 ORDER DATED: 06/05/2025 undefined of the matters connected to the accident in question vis-a- vis the impugned judgment and award.
8. Record and proceedings, if any, be sent back to the concerned Court immediately.
9. 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.
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