Gujarat St Corporation vs Kamlaben Bhikhabhai Kalasava
2021 Latest Caselaw 13717 Guj

    C/FA/2420/2021                         ORDER DATED: 09/09/2021


               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                         R/FIRST APPEAL NO. 2420 of 2021
                                      With
                   CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                                       In
                         R/FIRST APPEAL NO. 2420 of 2021
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                          GUJARAT ST CORPORATION
                                     Versus
                      KAMLABEN BHIKHABHAI KALASAVA
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Appearance:
MRS VASAVDATTA BHATT(193) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                  Date : 09/09/2021
               COMMON ORAL ORDER

1. Heard Mrs. Vasavdatta Bhatt, learned advocate for the appellant.

2. The appellant-Corporation 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 28.06.2019 passed by the Motor Accident Claims Tribunal (Aux.) & 2nd Additional District Court, Mahisagar at Lunawada in MACP No.760/2017 (Old MACP No.64/2004).

3. 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 any other appeal which is entertained by this Court in respect of selfsame accident.

C/FA/2420/2021 ORDER DATED: 09/09/2021

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

5. Civil Application stands disposed of accordingly.

(A.G.URAIZEE, J)

Manoj