New India Assurance Co Ltd vs Shantaben Babubhai Parmar
2023 Latest Caselaw 1035 Guj

     C/FA/3855/2012                               ORDER DATED: 07/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3855 of 2012
                                   With
                      R/FIRST APPEAL NO. 3856 of 2012
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                    NEW INDIA ASSURANCE CO LTD
                               Versus
                SHANTABEN BABUBHAI PARMAR & 1 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
RULE SERVED for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR

                              Date : 07/02/2023

                               ORAL ORDER

1. 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

C/FA/3855/2012 ORDER DATED: 07/02/2023

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 appeals

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 appeals deserve to be dismissed and

accordingly they are dismissed. The compensation awarded

seems just and reasonable and no interference is called for. It is

clarified, these appeals are 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 appeals 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. Pending civil application/s, if any, stands disposed of

C/FA/3855/2012 ORDER DATED: 07/02/2023

as having become infructuous. No order as to costs.

5. Record & Proceedings of the Tribunal and amount, if

any deposited in these appeals, are ordered to be transmitted by

the Registry of this Court to the jurisdictional court or Tribunal

forthwith along with accrued interest if any. The entire award

amount be disbursed and released in favour of claimant/s after

due verification by transferring said amount/s to the account/s

of claimant/s by RTGS or NEFT.

(ARAVIND KUMAR,CJ)

Vahid