The Oriental Insurance Co. Ltd vs Rahul Sanjubhai Alias Chandubhai ...
2021 Latest Caselaw 13484 Guj

      C/FA/2368/2021                                   ORDER DATED: 06/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2368 of 2021

                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                    In R/FIRST APPEAL NO. 2368 of 2021
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             THE ORIENTAL INSURANCE CO. LTD.
                          Versus
 RAHUL SANJUBHAI ALIAS CHANDUBHAI DABHI REPR. THROU LEGAL
        GUARDIAN FATHER SANJUBHAI NAVABHAI DABHI
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2
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    CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                 Date : 06/09/2021
                                  ORAL ORDER

1. Heard Mr.RP Raval, learned advocate for the appellant.

2 The appellant has preferred present appeal under Section 173 of the Motor Vehicles Act 1988, to assail judgment and award dated 24.1.2020 passed by the MACT (Main) Banaskantha at Palanpur in MACP No.57 of 2011 whereunder the claim petition preferred by the respondent No.1 is partly allowed and appellant and respondent are jointly and severally arrying liability to pay a sum of Rs.21,250/- with interest @ 9% to the respondent No.1 as compensation. The appellant and respondent No.2 are jointly and severally directed to pay compensation of Rs.21,250/- to the original claimants.

3. The facts are not many and move in a narrow

C/FA/2368/2021 ORDER DATED: 06/09/2021

compass. The respondent No.1 preferred a claim petition under Section 163A of the Motor Vehicles Act, 1988 (for short "the M.V. Act") in the Motor Accident Claims Tribunal (Main) Banaskantha at Palanpur for getting compensation on account of sustaining injury in an accident which occurred on 18.6.2010, the claimant along with other persons were travelling in a tractor trolley bearing Registration No.GJ-8-U-7148 attached with the tractor, bearing Registration No.GJ-8-C-9010. The claimant and others as members of marriage party were travelling in the tractor trolley along with the goods. The tractor trolley turned turtle causing injuries to the minor respondent No.1 and other persons. The respondent No.1, therefore, preferred the claim petition, being MACP No.57 of 2011 under Section 163A of the MV Act in the Tribunal which partly allowed and the appellant and respondent No.2 are directed to pay a sum of Rs.21,250/- with 9% interest jointly and severally.

4. Being unhappy with the impugned judgment and award, the Insurance Company-appellant herein has preferred the present appeal.

5. Perusal of the impugned award reveals that though the claim petition was filed to recover a sum of Rs.2,50,000/- as a compensation for injuries, the Tribunal awarded Rs.21,250/- only. This Court is, therefore, of the view that considering the smallness of the amount, the present appeal does not deserve consideration and needs to be dismissed with observation that this order shall not operate as a precedent for MACP No.57 of 2011 and the

C/FA/2368/2021 ORDER DATED: 06/09/2021

appellant-Insurance Company shall be at liberty to agitate all legal issues in First Appeal No.2368 of 2021.

6. Since the main appeal is disposed of, the present civil application does not survive. Hence, the same is disposed of.

(A.G.URAIZEE, J) ALI