Gujarat High Court
New India Assurance Company ... vs Kalubhai Nanubhai Dodiya on 23 March, 2021
Bench: R.M.Chhaya
C/FA/4935/2010 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4935 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE R.M.CHHAYA
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1 Whether Reporters of Local Papers may be allowed to
see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law
as to the interpretation of the Constitution of India or any
order made thereunder ?
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NEW INDIA ASSURANCE COMPANY LIMITED, DIVISIONAL OFFICE
Versus
KALUBHAI NANUBHAI DODIYA & 1 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR JINESH H KAPADIA(5601) for the Defendant(s) No. 2
MR NITIN T GANDHI(5620) for the Defendant(s) No. 2
RULE SERVED(64) for the Defendant(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
Date : 23/03/2021
ORAL JUDGMENT
1. Feeling aggrieved and dissatisfied by the
judgment and award dated 14.9.2010 passed by
the Motor Accident Claims Tribunal (Aux.),
C/FA/4935/2010 JUDGMENT
Bhavnagar in MACP No.337/99, the appellant -
insurance Company has preferred this appeal
under Section 173 of the Motor Vehicles Act,
1988 (hereinafter referred to as "the Act").
2. Suffice it to note that the accident took
place on 3.3.1999 between tempo bearing
registration no. GJ1 TT8674 and other tempo
bearing registration no. GJ3 U6780, the
original claimant sustained severe injuries.
Record indicates that he was aged about 60
years on the date of the accident. An FIR was
lodged with Barvala Police Station bearing CR
no. I13/1999 and the respondent - original
claimant filed a claim petition under Section
166 of the Act and claimed compensation of
Rs.3,00,000/. The original claimant examined
himself at Exh.27 and also relied upon other
documentary evidence including the FIR and
Panchnama as well as medical certificate
issued by Dr. Sanjiv Parikh Exh.26. Record
further indicates that the original claimant
took extensive treatment at Bhavnagar as well
as at Ahmedabad. The Tribunal, based upon the
evidence on record, considered the permanent
disability of the body as a whole to the
extent of 12.5% and considering the income of
the respondent - original claimant at
Rs.1,800/ per month awarded a sum of
Rs.15,000/ as compensation under the head of
C/FA/4935/2010 JUDGMENT
pain, shock and suffering, Rs.7,000/ as
attendance, transport charges and rich diet,
Rs.14,000/ towards medical bills and hospital
charges, Rs.1,800/ as actual loss of income
and Rs.24,300/ towards future loss of income
and thus, awarded Rs.62,100/ with 7.5%
interest per annum from the date of filing of
the claim petition till its realization. Being
aggrieved by the same, the insurance Company
has preferred this appeal.
3. Heard Mr. Vibhuti Nanavati, learned advocate
for the appellant and Mr. Jinesh Kapadia,
learned advocate for the original claimant.
Though served, no one appears for the
respondent no.1 and have also perused the
original record and proceedings.
4. Though various grounds have been raised in the
memo of appeal, the fact remains that the
total amount amount involved in the appeal is
only Rs.62,100/. Considering the smallness of
amount, this Court deems it fit not to
exercise jurisdiction under Section 173 of the
Act. Accordingly, only on the ground of
smallness of amount with a further
clarification that this may not be considered
as precedent in other claim petitions arising
out of the same accident, the appeal is
dismissed. However, there shall be no order as
C/FA/4935/2010 JUDGMENT
to costs. Registry is directed to send the
original record and proceedings back to the
Tribunal forthwith.
(R.M.CHHAYA, J)
MRP
