The United India Insurance ... vs Jetunben Panubhai Gaha
2021 Latest Caselaw 984 Guj

         C/FA/4247/2019                                        ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 4247 of 2019

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             THE UNITED INDIA INSURANCE COMPANY LTD
                                Versus
                     JETUNBEN PANUBHAI GAHA
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                             Date : 21/01/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. Maulik Shelat for the appellant.

2. The present appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against common judgment and award passed by the Motor Accident Claims Tribunal, (Auxiliary), Bhavnagar at Mahuva dated 19.3.2019 in Motor Accident Claims Petition No.57 of 2016 as well as Motor Accident Claims Petition No.58 of 2016, so far as the common judgment and award pertains to Motor Accident Claims Petition No.58 of 2016.

3. The proceedings before the Claims Tribunal arose pursuant to the vehicular accident which took place on 27.7.2016. The claimants of Motor Accident Claims Petition No.57 of 2016 died in the accident whereas claimants of the Motor Accident Claims Petition No.58 of 2016, to which the present appeal is referable

C/FA/4247/2019 ORDER

to, sustained injuries. The Claims Tribunal allowed the Motor Accident Claims Petition No.57 of 2016 awarding the total compensation of Rs.10,69,000/­ with interest at 9% from the date of petition till realization. Similarly, in respect of the claimant of Motor Accident Claims Petition No.58 of 2016, Rs.10,000/­ with interest as above came to be awarded to the injured claimants.

4. In this appeal which is directed against the judgment and award passed in Motor Accident Claims Petition No.58 of 2016, wherein Rs.10,000/­ has been awarded with interest, various contentions were raised by learned advocate for the appellant.

5. The amount involved is Rs.10,000/­. Looking to the smallness of the amount awarded by the Claims Tribunal, on the said ground alone, without entering into merits of the case, we are not inclined to entertain the present appeal.

6. It is clarified that non­entertaining of the present appeal on the ground of smallness of awarded amount will not in any way affect the consideration of First Appeal No.4504 of 2019 which is directed against the judgment and award of the Claims Tribunal relatable to Motor Accident Claims Petition No.57 of 2016 on merits.

7. Accordingly, the present appeal is dismissed on only ground that the amount awarded to the claimants is small.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi