United India Insurance Co. Ltd vs Mahendrasinh Bhupatsinh Zala
2023 Latest Caselaw 1593 Guj

     C/FA/1648/2019                                   ORDER DATED: 15/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 1648 of 2019
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
                                  In
                    R/FIRST APPEAL NO. 1648 of 2019

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                      UNITED INDIA INSURANCE CO. LTD
                                   Versus
                      MAHENDRASINH BHUPATSINH ZALA
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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
for the Defendant(s) No. 4
NOTICE SERVED for the Defendant(s) No. 1,2,5,6
NOTICE UNSERVED for the Defendant(s) No. 3
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 15/02/2023

                                 ORAL ORDER

1. Heard learned advocate Mr.Mazmudar for the appellant.

2. The insurnace company is challenging judgment and award dated 05.04.2018 passed by MACT (Aux), Mahesana, in MACP No.600 of 2005 on the grounds raised in the appeal memo. The total amount awarded by the Tribunal is Rs.1,41,800/-.

3. Considering the smallness of the amount involved in this appeal, this Court does not deem it fit to enter into the dispute raised by the appellant. Accordingly, the

C/FA/1648/2019 ORDER DATED: 15/02/2023

appeal stands dismissed. It is made clear that the observations made herein and the disposal of present appeal would not come in the way of other pending appeal or petition arising out of the same accident, and it should also not be cited as a precedent in any other matter. The amount deposited by the appellant be disbursed to the claimant along with accrued interest, as per the direction given by learned Tribunal in the impugned award. In view of disposal of appeal, connected Civil Application does not survive and same is also disposed of.

(GITA GOPI,J) R.S. MALEK