National Insurance Company ... vs Kantibhai Arjanbhai
2023 Latest Caselaw 1401 Guj

       C/FA/2162/2011                                       ORDER DATED: 09/02/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/FIRST APPEAL NO. 2162 of 2011

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                   NATIONAL INSURANCE COMPANY LIMITED
                                  Versus
                      KANTIBHAI ARJANBHAI & 2 other(s)
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR DIPEN K DAVE(3296) for the Defendant(s) No. 1
MR TUSHAR L SHETH(3920) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE HEMANT M.
           PRACHCHHAK

                                   Date : 09/02/2023

                                    ORAL ORDER

1. The present First Appeal is filed by the appellant - National Insurance Company Limited against the judgment and award dated 28.04.2011 passed by the learned Motor Accident Claims Tribunal (Aux.), Viramgam, Ahmedabad (Rural) (hereinafter referred to as "the Tribunal") in M.A.C.P. No.70/2009, whereby the Tribunal has partly allowed the claim petition by awarding the amount of compensation in favour of the original claimant.

3. It seems that in the Appeal, the amount under challenge is less than Rs.1,00,000/- or restricted to less than Rs.1,00,000/-.

4. I have heard the learned advocate appearing for the

C/FA/2162/2011 ORDER DATED: 09/02/2023

respective parties.

5. Learned advocate appearing for the appellant - Insurance Company has objected that since the claimant was sitting in the goods vehicle without there being any goods in the vehicle, but while considering the panchnama of the place of accident, the facts reveal that the goods were found in the belongings of the claimant and therefore, it cannot be said that the claimant was travelling without goods. He further submitted that in view of the order dated 07.02.2023 passed by this Court (Coram: Hon'ble the Chief Justice Mr.Justice Arvind Kumar) the Appeal deserve to be disposed of in the line of the aforesaid order passed by this Court.

4. On perusal of the grounds urged in the appeal memorandum and in view of the submission that amount involved in this appeal 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 disposed of and accordingly it is disposed of. The compensation awarded seems just and reasonable and no interference is called for. As it is open for the appellant to raise its contentions in appropriate case, the present disposal of the appeal may not be set as precedent in other appeal. The present appeal is also disposed of in the line of the order dated 07.02.2023 passed by this Court and therefore, the present appeal is not to be separated from the other appeals. Stay granted by this Court at the time of admission, if any, stands vacated. The amount lying in the Registry or before the Nazir, the same shall be disbursed in favour of the claimant/s, after verifying Bank

C/FA/2162/2011 ORDER DATED: 09/02/2023

details, through RTGS. No order as to costs.

5. Record & Proceedings of the Tribunal and amount, if any deposited in this appeal, is 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.

(HEMANT M. PRACHCHHAK,J)

Dolly