Gujarat High Court
New India Assurance Co. Ltd vs Dipakkumar Mishralal Nepali on 22 February, 2023
Bench: Hemant M. Prachchhak
C/FA/3601/2007 ORDER DATED: 22/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3601 of 2007
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NEW INDIA ASSURANCE CO. LTD
Versus
DIPAKKUMAR MISHRALAL NEPALI & 7 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
MR BS KHATANA(3671) for the Defendant(s) No. 2
MR PARESH M DARJI(3700) for the Defendant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 4
NOTICE ISSUED BY GOVT. GAZETTE for the Defendant(s) No. 3,5,6,8
NOTICE SERVED for the Defendant(s) No. 7
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 22/02/2023
ORAL ORDER
1. This appeal has been filed by the insurer under Section
173 of the Motor Vehicles Act, 1988 challenging the
judgment and award dated 24.3.2005 passed by the
Motor Accident Claims Tribunal (Main) Gandhinagar in
Motor Accident Claim Petition No.467 of 1987, whereby
the learned Tribunal has allowed the claim petition in
part and awarded Rs.1,07,000/- in favour of the original
claimant. While awarding the amount of compensation,
learned Tribunal has apportioned liability between two
insurance companies, wherein present appellant held
liable for 70% and another insurance company held liable
for 30%. Feeling aggrieved and dissatisfied with the
C/FA/3601/2007 ORDER DATED: 22/02/2023
aforesaid impugned judgment and award of learned
Tribunal, the insurance company original opponent No. 8
has filed present appeal.
2. I have heard learned Counsels appearing for both
the sides.
3. I have considered over all facts and circumstances of
the case. The challenge made in this appeal is only qua
Rs.74,900/- (as 70% negligency considered by the learned
Tribunal on part of present appellant) which is less than
Rs.1,00,000/-. Therefore, without going into the merits of
the matter, this Court is of the considered view that
appeal deserves to be disposed of on the ground of
smallness of amount. Accordingly, present appeal stands
disposed of.
4. It is clarified, this appeal is 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 appeal 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 as having become infructuous. No order as to
C/FA/3601/2007 ORDER DATED: 22/02/2023
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)
SURESH SOLANKI
