New India Assurance Co Ltd Mehsana vs Mehta Sunilkumar Popatlal
2021 Latest Caselaw 17754 Guj

      C/FA/237/2010                               ORDER DATED: 25/11/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 237 of 2010

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                 NEW INDIA ASSURANCE CO LTD MEHSANA
                                Versus
                 MEHTA SUNILKUMAR POPATLAL & 1 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR MAHESH BHAVSAR(1781) for the Defendant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 25/11/2021

                              ORAL ORDER

1. Feeling aggrieved and dissatisfied by the judgment and award dated 12.05.2009 passed by the Motor Accident Claims Tribunal (Aux. II), Mehsana in MACP No. 488 of 2005, 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 on 23.03.2005 at about 14.00 hours, the claimant was driving motor bike bearing registration no. GJ-02-AE-1187 towards Visnagar from Kheralu at a moderate speed. It is contended that the herd of buffaloes were passing through the rode nearby Garnala at Umta Bus Stand and due to that the claimant dashed with them as a result of which the claimant has fell down and sustained severe injuries. And hence he has filed a claim petition under the Act and claim compensation of Rs. 2,00,000/-. The original claimant examined himself and also relied upon other documentary evidence including the FIR and Panchnama as well as the medical certificate issued by Dr. Rajni B. Patel Exh. 39. Record indicates that the original

C/FA/237/2010 ORDER DATED: 25/11/2021

claimant took extensive treatment at hospital. The tribunal, based upon the evidence on record considered the permanent partial disability of the body and considering the income of the respondent -original claimant at Rs. 2,500/- awarded a sum of Rs. 14,400/- as future loss of income, Rs. 14,650/- under the head of treatment and medical charges, Rs. 7,500/- under the head of pain, shock and suffering, Rs. 2,000/- as attendance, transport charges and diet and attending charges and Rs. 4,000/- as actual loss of income and thus, awarded Rs. 42,550/- 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 Ms. Amee Patel, learned advocate for Mr. Vibhuti Nanavati, learned advocate on behalf of the appellant, and Mr. P. P. Vyas, learned advocate for Mr. Mahesh Bhavsar on behalf of the original claimant, 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 involved in the appeal is only Rs. 42,550/-. 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 to costs. Registry is directed to send the original record and proceedings back to the Tribunal forthwith.

(HEMANT M. PRACHCHHAK,J) T. J. Bharwad