Gujarat High Court
The Oriental Insurance Co Ltd vs Vanuben Wd/O Dazabhai Bhikhabhai Patel on 28 November, 2025
NEUTRAL CITATION
C/FA/512/2022 JUDGMENT DATED: 28/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 512 of 2022
With
R/CROSS OBJECTION NO. 190 of 2022
In
R/FIRST APPEAL NO. 512 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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THE ORIENTAL INSURANCE CO LTD
Versus
VANUBEN WD/O DAZABHAI BHIKHABHAI PATEL & ORS.
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Appearance:
MR VC THOMAS(5476) for the Appellant(s) No. 1
DECEASED LITIGANT for the Defendant(s) No. 8
MR VISHAL C MEHTA(6152) for the Defendant(s) No. 1,2,3,4
MR. HARSH K THAKAR(7172) for the Defendant(s) No. 6,7
RULE SERVED for the Defendant(s) No. 9
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 28/11/2025
ORAL JUDGMENT
1) Insurance Company is in First Appeal under section 173 of the Motor Vehicles Act, 1988. Challenge is made to the judgment and award dated 10.01.2019 passed by the learned Motor Accident Claims Tribunal (Auxi.), Banaskantha at Deodar in Motor Accident Claim Petition No.571 of 2015 (Old MACP No.2237 of 2009 and MACP No.428 of 2001).
2) Perusal of the judgment and award indicates that Insurance Company has challenged the judgment and award made to the tune of Rs.1,00,000/- to the victim of the road accident.
Page 1 of 3 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Dec 01 2025 Downloaded on : Tue Dec 02 21:53:32 IST 2025 NEUTRAL CITATION C/FA/512/2022 JUDGMENT DATED: 28/11/2025 undefined 3) Heard learned advocates for the respective parties. 4) Since the amount involved in the First Appeal is less than
Rs.1,00,000/-, paying due regard to smallness of amount, this Court is of the considered view that the First Appeal should be disposed of as compensation awarded seems to be just and reasonable and no interference is called. It is hereby made clear that this First Appeal is disposed of only on the ground of award of compensation being meager and small and less than Rs.1,00,000/-. This Court has not expressed any opinion on merits and question of law raised in this First Appeal and is kept open to be urged in other proceedings which may arise from the same road accident / same judgment and award. It is made clear that this order will not come in the way of adjudication of any other First Appeal pending against same judgment and award or adjudication of any other claim petition arising from same road accident. Since the First Appeal is disposed of only on the contention of monetary value being less than Rs.1,00,000/-, principle of res judicata shall not be applied to any other proceedings arising from the same road accident or same judgment and award.
5) Further, considering the controversy and cross objections filed by the applicants - original respondent nos.1 and 2, it appears that the deceased was third party and for that it was the case of composite negligence while the learned Tribunal has made apportionment for liability as 30% to the appellant and 70% to the driver and owner of another offending Maruti Car i.e. respondent nos.6 and 7 herein. In view of Khenyei Vs New India Assurance Co. Ltd., & Ors, reported in (2015) 9 Supreme Court Cases 273, in case of composite negligence the claimant being third party he has right to recover the amount of the compensation awarded from any tortfeasor and if any of the tortfeasor is satisfied with the Page 2 of 3 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Dec 01 2025 Downloaded on : Tue Dec 02 21:53:32 IST 2025 NEUTRAL CITATION C/FA/512/2022 JUDGMENT DATED: 28/11/2025 undefined said order then one tortfeasor has right to recover the amount from another tortfeasor on whose behalf he has made the payment of said compensation and another tortfeasor owes the compensation to the tortfeasor who has already paid the compensation on his behalf. In view of Khenyei (supra) para 18(iv) reads as under :
"(iv) It would not be appropriate for the court/tribunal to determine the extent of composite negligence of the drivers of two vehicles in the absence of impleadment of other joint tort feasors. In such a case, impleaded joint tort feasor should be left, in case he so desires, to sue the other joint tort feasor in independent proceedings after passing of the decree or award."
6) It is needless to say that in view of above judgment the Insurance Company has right to recover the amount without filing independent proceedings against the owner and driver of offending vehicle Maruti Car i.e. respondent nos.6 and 7 - original opponent nos.1 and 2.
7) With the aforesaid directions the First Appeal is disposed of being dismissed and Cross Objections also stands disposed of. Pending Civil Applications, if any, stands disposed of as having become infructuous. No order as to costs.
8) Record and Proceedings and amount, if any lying before this Court is ordered to be transmitted to the concerned Tribunal forthwith along with accrued interest, if any. The entire awarded amount be disbursed and released in favour of the claimants after due verification by transferring the said amount to the account of the claimants either by RTGS or NEFT mode.
(HASMUKH D. SUTHAR,J) ANKIT JANSARI Page 3 of 3 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Dec 01 2025 Downloaded on : Tue Dec 02 21:53:32 IST 2025