National Insurance Co. Ltd vs Omkargir Niranjandev Goswami
2021 Latest Caselaw 743 Guj

         C/FA/5336/2007                                             ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 5336 of 2007

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                 NATIONAL INSURANCE CO. LTD.
                            Versus
            OMKARGIR NIRANJANDEV GOSWAMI & 1 other(s)
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR HARSHIT S TOLIA(2708) for the Defendant(s) No. 1
MR SAGAR K MEHTA(5606) for the Defendant(s) No. 2
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 CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA

                               Date : 19/01/2021

                                  ORAL ORDER

1. Heard Mr. Maulik J. Shelat, learned advocate for the appellant and Mr. Parth S. Tolia, learned advocate for respondent no.1.

2. By this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant - insurance Company has challenged the judgment and order dated 27.2.2007 passed in MACP no.1029 of 2002 by the MACT (Aux.), Rajkot.

3. At the outset, it deserves to be noted that the appeal is filed against the impugned judgment and award which is only Rs.54,468/­. Though various grounds have been raised, considering the smallness of amount, no interference is called for in peculiar facts

C/FA/5336/2007 ORDER

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.

4. 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.

5. The appeal therefore is not entertained and is dismissed. However, there shall be no order as to costs. Registry is directed to send back the record and proceedings to the Trial Court forthwith.

(R.M.CHHAYA, J) MRP