New India Assurance Co Ltd vs Yunuskhan Nizamkhan Pathan
2021 Latest Caselaw 4994 Guj

          C/FA/66/2014                                          ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 66 of 2014

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                 NEW INDIA ASSURANCE CO LTD
                            Versus
             YUNUSKHAN NIZAMKHAN PATHAN & 3 other(s)
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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 MAULIK J SHELAT(2500) for the Defendant(s) No. 3
MR.HIREN M MODI(3732) for the Defendant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 2,4
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 CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA

                                Date : 01/04/2021

                                 ORAL ORDER

1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 22.8.2013 passed by the Motor Accident Claims Tribunal (Aux), Sabarkantha at Himmatnagar in MACP No.211/08, whereby an amount of Rs.81,580/­ has been awarded.

2. At the outset, it deserves to be noted that the appeal is filed against the impugned judgment and award which is only for Rs.81,580/­. Though various grounds have been raised, considering the smallness of amount, no interference is called for in peculiar facts and circumstances of the case and considering the quantum involved in the appeal, no interference is called for by this Court in

C/FA/66/2014 ORDER

exercise of its appellate jurisdiction under Section 173 of the Motor Vehicles Act, 1988.

3. However, this order shall not be cited as precedent and this order shall not come in way of any other appeal or claim petition pending relating to the same accident.

4. The appeal therefore is not entertained and is dismissed. However, there shall be no order as to costs. Registry is directed to send back the record and proceedings, if any received, to the Trial Court forthwith.

(R.M.CHHAYA, J) MRP