New India Assurance Co Ltd vs Jitendra @ Jitun Narotambahi ...
2021 Latest Caselaw 5001 Guj

         C/FA/530/2019                                          ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/FIRST APPEAL NO. 530 of 2019
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                NEW INDIA ASSURANCE CO LTD
                            Versus
          JITENDRA @ JITUN NAROTAMBAHI LATHIGARA
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Appearance:
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
for the Defendant(s) No. 2,3,4,5,6
RULE SERVED(64) for the Defendant(s) No. 1,4,5
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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 10.9.2018 passed by the Motor Accident Claims Tribunal (Aux), Junagadh in MACP No.667/04, whereby an amount of Rs.73,100/­ 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 Rs.73,100/­. 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 exercise of its appellate jurisdiction under Section 173 of the Motor Vehicles Act, 1988.

          C/FA/530/2019                                        ORDER



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.

(R.M.CHHAYA, J) MRP