National Insurance Co vs Manguben Sukaji Asoda
2021 Latest Caselaw 14149 Guj

        C/SCA/12132/2021                              ORDER DATED: 15/09/2021



               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/SPECIAL CIVIL APPLICATION NO. 12132 of 2021
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                                  NATIONAL INSURANCE CO.
                                          Versus
                                  MANGUBEN SUKAJI ASODA
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Appearance:
MR DAKSHESH MEHTA(2430) for the Petitioner(s) No. 1
MR. RUSHANG D MEHTA(6989) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3,4
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                   Date : 15/09/2021
                    ORAL ORDER

1. Heard Mr. Dakshesh Mehta, learned advocate for the petitioner.

2. The Petitioner-Insurance Company has preferred the present petition under Section 173 of the Motor Vehicle Act, 1988 ("M.V. Act" for short) to assail the judgment and award dated 03.12.2020 passed by the Motor Accident Claims Tribunal (Aux.) Modasa in MACP No.42/2016.

3. Having heard learned advocate for the petitioner and having perused the impugned judgment and award, this Court is not inclined to entertain the petition solely on the ground of smallness of amount of compensation awarded by the Tribunal. It is clarified that not entertaining the petition shall not in any manner be construed as the opinion of Court on the merits of the petition and disposal of this petition shall not operate as precedent and in any manner affect or impact merits of the claim petition or claim petitions pending the tribunal in respect of selfsame accident.

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

(A.G.URAIZEE, J) Manoj