United India Insurance Co.Ltd vs Vaghuji Alias Vajaji Chamanji ...
2021 Latest Caselaw 18490 Guj

     C/FA/51/2020                              JUDGMENT DATED: 16/12/2021



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/FIRST APPEAL NO. 51 of 2020
                             With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                              In
                R/FIRST APPEAL NO. 51 of 2020

FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI                   :        Sd/-

=======================================================

1    Whether Reporters of Local Papers may be
     allowed to see the judgment ?                                    NO

2    To be referred to the Reporter or not ?                          NO

3    Whether their Lordships wish to see the
     fair copy of the judgment ?                                      NO

4    Whether this case involves a substantial
     question of law as to the interpretation
     of the Constitution of India or any                              NO
     order made thereunder ?

=======================================================
              UNITED INDIA INSURANCE CO.LTD
                          Versus
          VAGHUJI ALIAS VAJAJI CHAMANJI THAKOR
=======================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
RULE UNSERVED(68) for the Defendant(s) No. 2,3,4
TATVDEEP J JANI(7227) for the Defendant(s) No. 1
=======================================================

    CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                         Date : 16/12/2021
                              ORAL JUDGMENT

1. This appeal is filed by the appellant-insurance company against the judgment and award dated 31.01.2019 passed by the learned M.A.C.T. (Main), Patan in MACP No.203 of 2011.

C/FA/51/2020 JUDGMENT DATED: 16/12/2021

2. Learned advocate, Mr. Rathin Raval appearing for the appellant - Insurance Company 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.15,000/-, as well as the peculiar facts and circumstances of the case, the appeal is taken up for hearing and disposed off at admission stage.

4. Having heard learned advocate, Mr. Rathin Raval for the appellant- Insurance Company and learned advocate, Mr. Tatvdeep Jani for the original claimants 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.

5. Further as submitted by learned advocate, Mr. Jani appearing for the respondent - original claimants, the respondents - original claimants have not filed any appeal for enhancement of the claim. However, learned advocate Mr. Raval has requested that in case, if the claimants file 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.

6. In view of the aforesaid factual scenario, this appeal stands disposed off with the aforesaid

C/FA/51/2020 JUDGMENT DATED: 16/12/2021

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.

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

Sd/-

(VIPUL M. PANCHOLI, J.) Gautam