Gujarat High Court
Reliance General Insurance ... vs Mukesh Kailashbhai Chauhan on 16 November, 2021
Bench: Vipul M. Pancholi
C/CA/2493/2020 ORDER DATED: 16/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 2493 of 2020
In F/FIRST APPEAL NO. 22656 of 2020
With
F/FIRST APPEAL NO. 22656 of 2020
IN
R/CIVIL APPLICATION (FOR STAY) NO.1 OF 2020
==========================================================
RELIANCE GENERAL INSURANCE COMPANY LIMITED
Versus
MUKESH KAILASHBHAI CHAUHAN
==========================================================
Appearance:
MS MASUMI NANAVATY FOR MR VIBHUTI NANAVATI(513) for the
Applicant(s) No. 1
for the Respondent(s) No. 6
RULE SERVED(64) for the Respondent(s) No. 1,3,4,6.1,6.2,6.3
RULE UNSERVED(68) for the Respondent(s) No. 2
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 5
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 16/11/2021
ORAL ORDER
1. This application is filed for condonation of
delay of 369 days caused in filing the First Appeal
against the judgment and award dated 15.11.2018
rendered by the Motor Accident Claims Tribunal
(Aux.), Dahod at Limkheda, in MACP No.1025 of 2017
(Old MACP No.485 of 2008).
2. This Court issued Rule in the present Civil
Application vide order dated 27.10.2020. Rule is not
served to respondent Nos.2 and 5.
3. Heard Ms.Masumi Nanavaty, learned advocate for
Mr.Vibhuti Nanavati, learned advocate for the
applicant.
C/CA/2493/2020 ORDER DATED: 16/11/2021
4. Learned advocate for the applicant has referred
the averments made in the memo of the application and
submitted that the applicant has shown sufficient
cause for not filing an appeal within stipulated
time. At this stage, learned advocate for the
applicant has also referred the impugned judgment and
award passed by the Claims Tribunal and, thereafter,
submitted the case of the applicant - original
appellant Insurance Company on merits. Various
contentions are raised by the learned advocate for
the applicant.
5. From the record, it appears that on 10.06.2008,
Galiben Bachubhai Ninama and other persons were
returning from Timba village by walking after
attending the last rituals of the relative and at
about 16:00 hours, they were standing at Kachla cross
roads and waiting for the vehicle. At that time,
villager of Chatki village i.e. respondent No.4 came
there on his tractor bearing registration No.GJ-20-B-
3309 and trolley bearing registration No.GJ-20-T-6751
and stopped his tractor on side of Limkheda Dahod
Highway and when injured Sumaliben and others were
preparing to seat in the trolley, at that time,
respondent No.1 came on his truck bearing
registration No.MP-09-HF-1982 in a rash and negligent
manner and lost his control over the steering and
came extremely wrong side and dashed the said truck
with the trolley, because of which, trolley was
thrown away at least 15 ft. away and trolley turned
turtle. As a result of which, some persons died on
C/CA/2493/2020 ORDER DATED: 16/11/2021
the spot and the claimant and others sustained server
injuries. Thus, accident was occurred due to rash and
negligent driving of respondent No.1. The FIR was
also lodged with Limkheda Police Station vide I-C.R.
No.124 of 2008 for the said accident.
4.1 The claimant met with an accident because of the
rash and negligent driving on the part of the driver
of the offending vehicle and as a result of which,
she had sustained serious injuries and, therefore,
she was immediately moved to the Hospital where she
took treatment and, thereafter also, she took
treatment as an outdoor patient. Due to the said
serious injuries, claimant had suffered disability
and she had to incur the expenditure towards
medicines, hospitalization, transportation and
special diet etc. Therefore, an amount of
Rs.1,25,000/- along with interest and cost was
claimed by the claimant towards compensation.
5. The Claims Tribunal after considering the
documentary as well as oral evidence produced before
it, partly-allowed the petition filed by the
claimants and thereby held that the claimant is
entitled to recover the compensation of Rs.20,000/-
with interest at the rate of 8% per annum from the
date of petition till realization and proportionate
cost of the petition.
6. Though learned advocate for the applicant has
taken various contentions, the fact remains that the
C/CA/2493/2020 ORDER DATED: 16/11/2021
total amount involved in the appeal is Rs.20,000/-
with 8% interest per annum. Considering the smallness
of the amount, this Court deems it fit not to
exercise jurisdiction under Section 173 of the Motor
Vehicles Act, 1988. Accordingly on the ground of
smallness of the amount, with a further clarification
that this may not be considered as precedent in other
claim petitions arising out of the said incident, the
appeal is accordingly dismissed. However, there shall
be no orders as to costs.
In view of the order passed in the main appeal,
Civil Application (for stay) No.1 of 2021 filed in F/
First Appeal No.22656 of 2020 does not survive and is
disposed of, as such.
(VIPUL M. PANCHOLI, J)
piyush
