The National Insurance Company ... vs Abhaykumar Shrianand Dikshit
2021 Latest Caselaw 18666 Guj

      C/FA/111/2020                                     ORDER DATED: 22/12/2021



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/FIRST APPEAL NO. 111 of 2020
                          With
      CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                           In
             R/FIRST APPEAL NO. 111 of 2020
=======================================================
         THE NATIONAL INSURANCE COMPANY LIMITED
                         Versus
              ABHAYKUMAR SHRIANAND DIKSHIT
=======================================================
Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR VC THOMAS(5476) for the Defendant(s) No. 4
RULE SERVED(64) for the Defendant(s) No. 2,3
RULE UNSERVED(68) for the Defendant(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
                   Date : 22/12/2021
                                     ORAL ORDER

1. This appeal is filed by the appellant-insurance company against the judgment and award dated 05.08.2019 passed by the learned 2nd Additional District & Sessions Judge, Ahmedabad (R) at Mirzapur in Motor Accident Claim Petition No.1084/2005.

2. Learned advocate, Mr. Maulik Shelat appearing for the appellant-Insurance Company Limited has vehemently argued that the learned Tribunal has not at all considered the contentions made on behalf of the Insurance Company with regard to the negligence on the part of the driver of the tanker and hence, this appeal is filed which is required to be heard on merits.

3. Considering the smallness of the awarded amount of Rs.33,000/-, as well as the peculiar facts and circumstances of the case, the appeal is taken up for hearing and disposed off at admission stage.

C/FA/111/2020 ORDER DATED: 22/12/2021

4. Having heard learned advocates appearing for the parties 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. Maulik Shelat has requested that the appellant - Insurance Company has filed First Appeal No.982/2010 against the judgment and award passed by the Tribunal in MACP No.234/2005 filed by the legal heirs of the driver of the insured, which is admitted by this Court and stay has been granted in their favour and, hence, the right of the Insurance company may be kept open to raise all contentions contended in the said Appeal as well as 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. Rule is discharged.

(VIPUL M. PANCHOLI, J.) Gautam