Gujarat High Court
New India Assurance Co Ltd vs Pravinbhai Natwarlal Patel on 11 November, 2025
NEUTRAL CITATION
C/FA/123/2020 JUDGMENT DATED: 11/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 123 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
==========================================================
Approved for Reporting Yes No
==========================================================
NEW INDIA ASSURANCE CO LTD
Versus
PRAVINBHAI NATWARLAL PATEL & ORS.
==========================================================
Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 3
FRESH RULE NOT RCVD BACK for the Defendant(s) No. 6
FRESH RULE THROUGH SPEED POST UNSERVED(44) for the
Defendant(s) No. 4
MR KARTIKEY P RAWAL(720) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 5
==========================================================
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 11/11/2025
ORAL JUDGMENT
1. The captioned appeal has been filed against the impugned judgment and award dated 17.09.2019 passed by the learned Motor Accident Claims Tribunal (Aux.), Ahmedabad, in M.A.C.P. No. 778 of 2007, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.2,58,000/- (Rupees Two Lakh Fifty Eight Thousand only) along with interest at the rate of 8% per annum, from the date of filing of the Claim Petition till its actual realization, as compensation.
2. At the outset, Mr. Rituraj M. Meena, learned counsel appearing for the appellant-Insurance Company submitted Page 1 of 3 Uploaded by ARUN B(HC02368) on Tue Nov 11 2025 Downloaded on : Tue Nov 11 23:46:58 IST 2025 NEUTRAL CITATION C/FA/123/2020 JUDGMENT DATED: 11/11/2025 undefined that the Truck bearing Registration No. MH-04-H-2704 was not insured, and that the claimants have not supplied the particulars of the insurance policy to the appellant. He further contended that in the absence of any particulars of insurance policy, the Insurance Company could not examine as to whether the said Truck was duly insured or not. He further contended that the impugned judgment and award is liable to be set aside, as no liability could be fastened upon the Insurance Company.
3. On the other hand, Mr. Kartikey P. Rawal, learned advocate appearing on behalf of respondent nos.1& 2-Original Claimants vehemently submitted that the Truck involved in the accident was duly insured and that the Insurance Policy had been proved at Exh.46. He further contended that there is no substance in the present appeal. He also submitted that on account of smallness of amount involved, the present appeal is liable to be dismissed.
4. Having considered the submissions of the learned counsels for the parties and having gone through the material available on record, it is to be noted that the Truck bearing Registration No. MH-04-H-2704 was involved in the accident. The Insurance policy of the said Truck was proved by the Original Claimants at Exh.46. On perusal of the particulars of the insurance policy at Exh.46, it is evident that the said Truck stands in the name of Mr. Gurmukhsingh Bojansingh (respondent no.4 herein), and was insured for the period Page 2 of 3 Uploaded by ARUN B(HC02368) on Tue Nov 11 2025 Downloaded on : Tue Nov 11 23:46:58 IST 2025 NEUTRAL CITATION C/FA/123/2020 JUDGMENT DATED: 11/11/2025 undefined commencing from 15.05.2007 to midnight of 14.05.2008, which clearly covers the date of the accident. The appellant- Insurance Company had charged a premium of Rs. 6,265/-. The said insurance policy is very much legible and material particulars such as name of the owner, Registration number, Engine number, Chassis number, make of the vehicle, year of manufacture and premium charged by the appellant- Insurance Company can be read from the insurance policy. Therefore, the plea raised by the Insurance Company that the particulars of the policy are not legible is not sustainable and, accordingly, the present appeal fails.
5. In view of the above observations, the captioned appeal stands dismissed. The original claimants shall be at liberty to withdraw the amount lying deposited with the concerned learned Tribunal.
6. If any amount is lying deposited in the caption appeal with the Registry of this Court, the same may be transmitted to the learned Tribunal concerned. Records and Proceedings, if any, be sent to the concerned learned Tribunal. No order as to costs.
7. Pending application, if any, stands disposed of, accordingly.
(MOOL CHAND TYAGI, J) ARUN Page 3 of 3 Uploaded by ARUN B(HC02368) on Tue Nov 11 2025 Downloaded on : Tue Nov 11 23:46:58 IST 2025