Gujarat High Court
National Insurance Company ... vs Manjulaben Kantibhai on 9 February, 2023
Bench: Hemant M. Prachchhak
C/FA/2163/2011 ORDER DATED: 09/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2163 of 2011
With
R/FIRST APPEAL NO. 2164 of 2011
With
R/FIRST APPEAL NO. 2165 of 2011
With
R/FIRST APPEAL NO. 2169 of 2011
With
R/FIRST APPEAL NO. 2170 of 2011
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NATIONAL INSURANCE COMPANY LIMITED
Versus
MANJULABEN KANTIBHAI & 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
COMMON ORAL ORDER
1. Since all these First Appeals are arising from the common
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.
Nos.71/2009, 72/2009, 73/2009, 92/2009 and 93/2009
respectively, they are being heard analogously and being
disposed of by this common order.
2. The present First Appeals are filed by the appellant -
C/FA/2163/2011 ORDER DATED: 09/02/2023
National Insurance Company Limited against the judgment and
award dated 28.04.2011 passed by the learned Tribunal,
whereby the Tribunal has partly allowed all the claim petitions
by awarding the amount of compensation in favour of the
respective claimants.
3. It seems that in all the First Appeals, 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
respective parties. Learned advocate appearing for the
appellant - Insurance Company fairly 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) all these
First Appeals deserve to be disposed of in the line of the
aforesaid order passed by this Court.
5. 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 opinion that appeals deserve to be disposed of
and accordingly they are disposed of. The compensation
awarded seems just and reasonable and no interference is
called for. It is clarified that, 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
C/FA/2163/2011 ORDER DATED: 09/02/2023
adjudication of any other appeal pending against the same
judgment and award or adjudication of any other claim petition
arising out of same accident. 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 respective claimant/s, after verifying their Bank
details, through RTGS.
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. No order as to costs.
(HEMANT M. PRACHCHHAK,J)
Dolly
