The Oriental Insurance Co. Ltd vs Babubhai Sankalbhai Pagi
2021 Latest Caselaw 18392 Guj

       C/FA/2331/2021                                ORDER DATED: 14/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 2331 of 2021

                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                     In R/FIRST APPEAL NO. 2331 of 2021
==========================================================
                        THE ORIENTAL INSURANCE CO. LTD.
                                     Versus
                           BABUBHAI SANKALBHAI PAGI
==========================================================
Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
NISHIT A BHALODI(9597) for the Defendant(s) No. 1
RULE NOT RECD BACK(63) for the Defendant(s) No. 3
RULE SERVED(64) for the Defendant(s) No. 2
==========================================================

     CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                                 Date : 14/12/2021

                                  ORAL ORDER

1. This appeal is filed by the appellant-insurance company against the judgment and award dated 29.9.2020 passed by the learned MACT (Aux.) 2nd Additional District Judge, Mahisagar at Lunawada in MACP No.1279 of 2017 (old MACP No.1402 of 2007).

2. Mr.Palak Thakkar, learned advocate for the appellant-Insurance Company Limited has vehemently argued that the learned Tribunal has not at all considered the contentions as regards to breach of condition of the policy and hence, this appeal is filed which is required to be heard on merits.

3. Considering the smallness of the awarded amount of Rs.1,00,180/-, as well as the peculiar facts and circumstances of the case, the appeal is taken up for hearing and disposed off at admission stage.

C/FA/2331/2021 ORDER DATED: 14/12/2021

4. Having heard Mr. Palak Thakkar, learned advocate for the appellant- Insurance Company and Mr.Nishit Bhalodi, learned advocate for the original claimant as well as having considered the fact that the learned Tribunal has awarded very small amount of compensation in the claim petition, taking into consideration smallness of amount, this Court is not inclined to consider the appeal on merits and accordingly, this appeal stands dismissed on the point of smallness of amount. However, learned advocate Mr. Palak Thakkar has requested that in case if the claimant files any appeal seeking enhancement, in that case the right of the Insurance company may be kept reserved to revive this appeal and to raise all contentions contended in this appeal.

5. In view of the aforesaid factual scenario, this appeal stands disposed off with the aforesaid liberty in favour of the appellant- insurance company. It is, however, clarified that only because of the smallness of awarded amount, this appeal is not entertained and the same shall not be a precedent for any matter and shall not affect any other challenge against the same award arising out of the same accident.

6. Since the appeal is disposed of, the civil application does not survive and hence stands dismissed.

(VIPUL M. PANCHOLI, J) SRILATHA