United India Insurance Company Limited vs Vinuben Kantiji Thakor
2023 Latest Caselaw 8670 Guj

Gujarat High Court

United India Insurance Company Limited vs Vinuben Kantiji Thakor on 14 December, 2023

Author: Gita Gopi

Bench: Gita Gopi

                                                                             NEUTRAL CITATION




     C/FA/3275/2017                           ORDER DATED: 14/12/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/FIRST APPEAL NO. 3275 of 2017
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
                   In R/FIRST APPEAL NO. 3275 of 2017
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              UNITED INDIA INSURANCE COMPANY LIMITED.
                                Versus
                  VINUBEN KANTIJI THAKOR & 3 other(s)
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 4
NOTICE SERVED for the Defendant(s) No. 1
NOTICE SERVED BY DS for the Defendant(s) No. 2
SERVED BY GOVERNMENT GAZETTE for the Defendant(s) No. 3
==========================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                          Date : 14/12/2023

                           ORAL ORDER

1. Insurance Company is in First Appeal under section 173 of the Motor Vehicles Act, 1988. Challenge is made to the judgment and award dated 29.04.2017 passed by the MACT (Main), Palanpur in Motor Accident Claim Petition No.198 of 2011.

2. Perusal of the judgment and award indicates that Insurance Company has challenged the judgment and award made to the tune of Rs.1,00,000/- to the victim of the road accident.

3. Heard learned advocates for the respective parties.

4. Since the amount involved in the First Appeal is Rs.1,00,000/-, paying due regard to smallness of amount, this

NEUTRAL CITATION

C/FA/3275/2017 ORDER DATED: 14/12/2023

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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 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.

(GITA GOPI,J) sompura