National Insurance Company, ... vs Kalabhai Jethabhai Bhuriya
2021 Latest Caselaw 4465 Guj

           C/FA/54/2012                                          ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO.           54 of 2012

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     NATIONAL INSURANCE COMPANY, REGIONAL OFFICE AT
                          Versus
         KALABHAI JETHABHAI BHURIYA & 2 other(s)
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Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
MR V B MALIK(5071) for the Defendant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 2,3
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 CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA

                           Date : 19/03/2021

                               ORAL ORDER

1. Heard Mr. Rushang Mehta, learned advocate for Mr. Dakshesh Mehta, learned advocate for the appellant and Mr. V.B. Malik, learned advocate for respondent no.1­original claimant. Though served, no one appears for respondents no.2 and

3.

2. The present appeal is directed against the judgment and award dated 31.03.2010 passed by the Motor Accident Claims Tribunal (Aux), Dahod in MACP No.6801/04, whereby the amount claimed is only of Rs.42,900/­ has been awarded.

3. Having heard the learned advocates appearing for the parties in this appeal and more particularly the smallness of such amount, this Court does not deem it fit to exercise appellate jurisdiction under Section 173 of the Motor Vehicles Act, 1988. Hence, the appeal deserves

C/FA/54/2012 ORDER

to be dismissed only on the sole ground of smallness of amount, more particularly , considering the aspect that what has been awarded by the Tribunal is just compensation. It is further clarified that this order shall not be treated as precedent in any other claim petition arising out of this accident. The appeal is dismissed. However, there shall be no order as to costs.

(R.M.CHHAYA, J) BIJOY B. PILLAI