Gujarat High Court
Cholamandalam Ms General ... vs Minor Divyaben Vasantbhai ... on 21 October, 2021
Bench: A.G.Uraizee
C/FA/3106/2021 ORDER DATED: 21/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3106 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In
R/FIRST APPEAL NO. 3106 of 2021
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CHOLAMANDALAM MS GENERAL INSURANCE CO LTD
Versus
MINOR DIVYABEN VASANTBHAI DAHYABHAI VASAVA
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
for the Defendant(s) No. 2,3,4,5
MR.KRUTIK A PARIKH(7268) for the Defendant(s) No. 6
NISHIT A BHALODI(9597) 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-Insurance Company and Mr. Nishit A. Bhalodi,
learned advocate for the claimants.
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 25.07.2019 passed by the Motor Accident
Claims Tribunal (Aux.) & 4th Additional District Court at
Ankleshwar in MACP No.1373/2013 (Old MACP
No.738/2012).
3. Mr. Raval, learned advocate for the appellant -
Insurance Company submits that First Appeal No.2171/2020
arising from the selfsame accident is admitted by this Court.
It is his submission that the legal issue of unauthorized
passenger is involved in the petition. He, therefore, submits
that the appeal may be admitted and ordered to be heard
along with First Appeal No.2171/2020.
C/FA/3106/2021 ORDER DATED: 21/10/2021
4. Mr. Bhalodi, learned advocate for the claimant submits
that the present appeal may not be entertained considering
the smallness of amount of compensation awarded by the
tribunal with an observation that non entertainment of this
appeal shall not affect merits of First Appeal No.3106/2021
arising from the same accident. He further submits that as of
now he has no instructions from the claimant to prefer
appeal for enhancement of compensation.
5. 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
ground of smallness of amount of compensation awarded by
the Tribunal. It is clarified that not entertaining the appeal
shall not in any manner be construed as the opinion of
Court on the merits of the appeal and disposal of this appeal
shall not operate as precedent and in any manner affect or
impact merits of First Appeal No.3106/2021 which is
entertained by this Court in respect of selfsame accident.
6. The appeal, accordingly, stands dismissed solely on the
ground of smallness of the quantum of compensation
awarded by the Tribunal.
7. 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.
8. Connected Civil Application stands disposed of
accordingly.
(A.G.URAIZEE, J)
Manoj
