The United India Insurance ... vs Minaben Kamleshkumar Patel
2021 Latest Caselaw 14495 Guj

     C/FA/2481/2021                                  ORDER DATED: 20/09/2021



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/FIRST APPEAL NO. 2481 of 2021
                               With
           CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                 In
                 R/FIRST APPEAL NO. 2481 of 2021
                               With
CIVIL APPLICATION (FOR PRODUCTION OF ADDITIONAL EVIDENCES)
                           NO. 2 of 2021
                                 In
                 R/FIRST APPEAL NO. 2481 of 2021
================================================================
                       THE UNITED INDIA INSURANCE COMPANY LIMITED
                                            Versus
                                 MINABEN KAMLESHKUMAR PATEL
==============================================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4
================================================================
  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                   Date : 20/09/2021
                    ORAL ORDER

1. Heard Mr. Rathin P. Raval, learned advocate for the appellant.

2. The Appellant-Insurance Company has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988, ("M.V. Act" for short) to assail the judgment and award dated 31.12.2018 passed by the Motor Accident Claims Tribunal (Aux.) & 4th Additional District Court, Surat in MACP No.19/2005.

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

C/FA/2481/2021 ORDER DATED: 20/09/2021

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

5. In view of the order passed in main appeal, Civil Applications do not survive and stand disposed of accordingly.

(A.G.URAIZEE, J)

Manoj