Reliance General Insurance Co Ltd vs Chhaganbhai Ramabhai Nayaka
2021 Latest Caselaw 16492 Guj

     C/FA/4596/2019                            ORDER DATED: 21/10/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/FIRST APPEAL NO. 4596 of 2019
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                  RELIANCE GENERAL INSURANCE CO LTD
                                Versus
                    CHHAGANBHAI RAMABHAI NAYAKA
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
for the Defendant(s) No. 2,3,4
NOTICE SERVED BY DS(5) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                           Date : 21/10/2021
                            ORAL ORDER

1. Heard Mr. Rathin P. Raval, learned advocate for the appellant. There is no representation on behalf of the respondents though served.

2. The appellant-Insurance Company has preferred the present appeal under Section 173 of the Motor Vehicle Act, 1988 ("M.V. Act" for short) to assail the judgment and award dated 4.10.2018 passed by the Motor Accident Claims Tribunal (Aux.) Panchmahals at Godhra in MACP No.764/2009.

3. Mr. Raval, learned advocate vehemently submits that the tribunal has finally decided the claim petition in fragrant defiance on stay of the proceedings granted by this Court in Special Civil Application No.8022/2017. He, therefore, stoutly submits that the impugned judgment and award may be quashed and set aside and matter may be transmitted to the tribunal for fresh consideration.

4. Having heard learned advocate for the appellant and having perused the impugned judgment and award, this Court is not inclined to entertain the appeal solely on the

C/FA/4596/2019 ORDER DATED: 21/10/2021

ground of smallness of amount of compensation awarded by the Tribunal. Liberty is reserved in favour of the appellant - Insurance Company to revive this appeal by making an appropriate application if the claimant approaches this Court for enhancement of compensation.

5. The appeal, accordingly, stands dismissed solely on the ground of smallness of the quantum of compensation awarded by the Tribunal.

(A.G.URAIZEE, J)

Manoj