The New India Insurance Company ... vs Harijan Mahadevbhai Somabhai
2021 Latest Caselaw 17852 Guj

     C/FA/3530/2021                                  ORDER DATED: 29/11/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 3530 of 2021
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                THE NEW INDIA INSURANCE COMPANY LTD
                                Versus
                   HARIJAN MAHADEVBHAI SOMABHAI
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
                  Date : 29/11/2021
                   ORAL ORDER

1. This appeal is filed under Section 173 of the Motor Vehicles Act, 1988, in which, the appellant Insurance Company has challenged the judgment and award dated 17.02.2018 passed by the Motor Accident Claims Tribunal (Aux.), Deesa at Banaskantha, in MACP No.675 of 2009 (new).

2. By way of the impugned judgment and award, the Tribunal has awarded Rs.60,500/- to the original claimant along with 9% interest per annum from the date of filing petition till realization.

3. I have considered the submissions canvassed by the learned advocate for the appellant.

4. Looking to the facts of the present case, this Court is of the view that the appeal is required to be disposed of, only on the ground that small amount is involved as observed hereinabove. The appeal is accordingly disposed of. However, it is clarified

C/FA/3530/2021 ORDER DATED: 29/11/2021

that in the event that the claimant files an appeal for enhancement, it will be open for the appellant to seek revival of the present appeal. It is further made clear that this Court has not examined the merits of the case and other case arising out of the same accident including pending appeals before this Court shall be independently dealt with in accordance with law without being influenced by this order.

5. In view of the disposal of the appeal, Civil Application stands disposed of.

(VIPUL M. PANCHOLI, J) piyush