Hdfc Ergo Insurance Co Ltd vs Punjabsinh Magansinh Chuahan
2021 Latest Caselaw 14670 Guj

     C/FA/2509/2021                              ORDER DATED: 21/09/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/FIRST APPEAL NO. 2509 of 2021
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                                  In
                    R/FIRST APPEAL NO. 2509 of 2021
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                      HDFC ERGO INSURANCE CO LTD
                                  Versus
                       punjabsinh magansinh chuahan
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                             Date : 21/09/2021
                              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 27.05.2019 passed by the Motor Accident Claims Tribunal (Aux.), Additional District Court, Sabarkantha at Idar in MACP No.900/2012.

3. Mr. Raval, learned advocate submits that the claimant was an unauthorized passenger and the offending vehicle was insured under act only policy. He, therefore, submits that the tribunal has committed an error in saddling the liability of the amount of compensation of the appellant- Insurance Company. He submits that First Appeal No.2234/2021 emanates from the selfsame accident is admitted by this Court. He, therefore, urges that this appeal may be admitted.

C/FA/2509/2021 ORDER DATED: 21/09/2021

4. 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.

5. This order shall not affect or impact the merits of the First Appeal No.2234/2021 pending in this Court wherein all contentions including contentions raised in the appeal can be agitated.

6. The appeal, accordingly, stands dismissed solely on the ground of smallness of the quantum of compensation awarded by the Tribunal entered examining the merits.

7. In view of the order passed in main appeal, Civil Application does not survive and stand disposed of accordingly.

(A.G.URAIZEE, J)

Manoj