New India Assurance Company ... vs Thakker Kesharbai Wd/O Pragaji ...
2023 Latest Caselaw 5694 Guj

                                                                                 NEUTRAL CITATION




        C/FA/2544/2009                          ORDER DATED: 04/08/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                      R/FIRST APPEAL NO. 2544 of 2009
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          NEW INDIA ASSURANCE COMPANY LIMITED THROUGH
                             Versus
        THAKKER KESHARBAI WD/O PRAGAJI HANSRAJ & 4 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR SS TRIVEDI(3514) for the Defendant(s) No. 3,4,5
RULE UNSERVED for the Defendant(s) No. 1,1.1
UNSERVED EXPIRED (R) for the Defendant(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 04/08/2023
                            ORAL ORDER

1. This appeal has been preferred by the appellant-

Insurance Company against the judgment and award dated

19.07.2008 passed by the Motor Accident Claims Tribunal

(Aux.), Banaskantha at Palanpur in Motor Accident Claim

Petition No.366 of 1986, wherein the learned Tribunal has

been pleased to passed an award against the opponent Nos.2

and 3 and ordered to pay compensation of Rs.50,000/- jointly

and severally along with interest of 8% per annum and with

cost.

2. Heard learned advocates for the respective parties.

3. This Court has gone through the record and reasons

NEUTRAL CITATION

C/FA/2544/2009 ORDER DATED: 04/08/2023

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assigned by the learned Tribunal. It appears that in the

present case, involvement of vehicle is not in dispute and so

far negligence is concerned, the same has also not been

challenged. The second ground for challenging the award is

that, it is a case of composite negligence and in case of

composite negligence, the claimant is entitled to recover the

amount of compensation from any tortfeasor.

4. Since the amount involved in the First Appeal is less

than Rs.1,00,000/-, paying due regard to smallness of

amount, this Court is of the considered view that the First

Appeal should be disposed of as compensation awarded seems

to be just and reasonable and no interference is called. It is

hereby made clear that this First Appeal is disposed of only on

the ground of award of compensation being meager and small

and less than Rs.1,00,000/-. This Court has not expressed

any opinion on merits and question of law raised in this First

Appeal and is kept open to be urged in other proceedings

which may arise from the same road accident / same

judgment and award. It is made clear that this order will not

come in the way of adjudication of any other First Appeal

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C/FA/2544/2009 ORDER DATED: 04/08/2023

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pending against same judgment and award or adjudication of

any other claim petition arising from same road accident.

Since the First Appeal is disposed of only on the contention of

monetary value being less than Rs.1,00,000/-, principle of

res-judicata shall not be applied to any other proceedings

arising from the same road accident or same judgment and

award.

5. In view of above, the First Appeal is dismissed. Pending

Civil Applications, if any, stands disposed of as having become

infructuous. No order as to costs.

6. Record and Proceedings and amount, if any lying before

this Court is ordered to be transmitted to the concerned

Tribunal forthwith along with accrued interest, if any. The

entire awarded amount be disbursed and released in favour of

the claimants after due verification by transferring the said

amount to the account of the claimants either by RTGS or

NEFT mode.

(HASMUKH D. SUTHAR,J) ALI