The Oriental Insurance Co. Ltd vs Tausifkhan Salimkhan Belim
2021 Latest Caselaw 18394 Guj

      C/SCA/18619/2021                            ORDER DATED: 14/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 18619 of 2021

==========================================================
                    THE ORIENTAL INSURANCE CO. LTD.
                                 Versus
                  TAUSIFKHAN SALIMKHAN BELIM & 1 other(s)
==========================================================
Appearance:
MR TANMAY B KARIA(6833) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                              Date : 14/12/2021

                               ORAL ORDER

1. The present petition is filed by the Insurance Company challenging the impugned judgment and order dated 31.08.2021 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in MACP No. 1071 of 2010.

2. The brief facts of the present case are as under.

2.1 On 14.04.2010, the claimant Tausifkhan Salimkhan Belim was driving Eicher Tempo bearing registration No. GJ-7-UU- 4703, which was owned by the opponent No.1. At about 06:00 hrs., when has was passing near Dhakor Na Dhaba on Lasudiya road, on Indor-Bhopal National Highway, he dashed his Tempo with one stationary Truck bearing registration No. MP-09-FH-

917. Thus, the accident was occurred. Resultantly, the claimant sustained injuries. FIR to this effect has been registered against the driver of the Eicher Tempo bearing registration No. GJ-7-UU-4703 i.e. the claimant herein with

C/SCA/18619/2021 ORDER DATED: 14/12/2021

Aasta (MP) Police Station being I-CR No. 215 of 2010. According to the applicant, at the time of accident, he was 22 years and was doing labour work and thereby earning Rs. 3,300/- per month. Ultimately, the applicant has prayed to grant compensation of Rs. 1,50,000/- with interest thereon @ 12 % with interest.

3. Learned advocate for the petitioner has submitted that the present petition is preferred instead of the First Appeal under Section 173 of the Motor Vehicles Act. Since for this small amount i.e involved Rs. 5,000/- awarded by the Tribunal. Under the said award, the Appeal under Section 173 of the Act would not be lie.

4. This Court is of the opinion that even this petition is required to be dismissed for involvement of Rs. 5,000/- only. Accordingly, without entering into the merits of the present case, this petition is dismissed. The petitioner is at liberty to raise all the contentions, averments may be available in the law. This order will not come in the way of the present petitioner in any manner. No order as to costs.

(HEMANT M. PRACHCHHAK,J) SALIM/