Oriental Insurance Company Ltd vs Manjibhai Hajabhai Harijin ...
2023 Latest Caselaw 3572 Guj

     C/FA/3421/2012                               JUDGMENT DATED: 28/04/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3421 of 2012
                                   With
                      R/FIRST APPEAL NO. 3422 of 2012
                                   With
                      R/FIRST APPEAL NO. 3423 of 2012

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

==========================================================

1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

==========================================================
                  ORIENTAL INSURANCE COMPANY LTD
                                Versus
            MANJIBHAI HAJABHAI HARIJIN (KAPADIA) & 4 other(s)
==========================================================
Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
for the Defendant(s) No. 3
DELETED for the Defendant(s) No. 4
MR HS MUNSHAW(495) for the Defendant(s) No. 3
MR KK THAKKAR(2834) for the Defendant(s) No.
1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8
MS KIRAN D PANDEY(3337) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2,5
UNSERVED EXPIRED (R) for the Defendant(s) No. 1
==========================================================

    CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                              Date : 28/04/2023


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      C/FA/3421/2012                                 JUDGMENT DATED: 28/04/2023




                          COMMON ORAL JUDGMENT

1. All these appeals have been filed by the insurer under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the Motor Accident Claims Tribunal.

2. At the outset, it deserves to be noted that challenge made by the insurer in these appeals is less than Rs.1,00,000/- or restricted to less than Rs.1,00,000/-.

3. I have heard the learned advocates appearing for the parties. Learned advocate appearing for the respective appellant

- Insurer fairly submitted that in view of the amount involved in these appeals has been less than Rs.1,00,000/-, these appeals may be disposed of in accordance with law.

4. On perusal of the grounds urged in the appeal memorandum and in view of the submission that amount involved in these appeals is less than Rs. 1,00,000/- and having regard to the smallness of the amount, this Court is of the considered view that appeal deserves to be dismissed and accordingly it is dismissed.

5. The compensation awarded seems just and reasonable and no interference is called for. The remaining 70% of the awarded amount with proportionate cost and interest be disbursed and released in favour of claimant/s after due verification by paying account payee cheques.

C/FA/3421/2012 JUDGMENT DATED: 28/04/2023

6. It is clarified, this appeal is disposed of only on the ground of smallness of the compensation amount without expressing any opinion on merits and question of law raised in the appeal is kept open to be urged in appropriate appeal by the insurer. This order would not come in the way of adjudication of any other appeal pending against the same judgment and award or adjudication of any other claim petition arising out of same accident.

7. Pending civil application/s, if any, stands disposed of as having become infructuous. No order as to costs.

8. Record & Proceedings of the Tribunal to be transmitted by the Registry of this Court to the jurisdictional court or Tribunal forthwith.

(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA