Hdfc Ergo General Insurance Co Ltd vs Shobhnaben Wd/O Rameshbhai ...
2023 Latest Caselaw 985 Guj

     C/FA/5225/2019                               ORDER DATED: 07/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 5225 of 2019

                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                    In R/FIRST APPEAL NO. 5225 of 2019
==========================================================
           HDFC ERGO GENERAL INSURANCE CO LTD
                         Versus
      SHOBHNABEN WD/O RAMESHBHAI VALLABHBHAI PANDAV
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1,2,3,4,6
NOTICE SERVED for the Defendant(s) No. 5,7
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR

                              Date : 07/02/2023

                               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 passed by the Motor Accident Claims

Tribunal.

2. At the outset, it deserves to be noted that challenge

made by the insurer in this appeal 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/5225/2019 ORDER DATED: 07/02/2023

parties. Learned advocate appearing for the respective

appellant - Insurer fairly submitted that in view of the amount

involved in this appeal has been less than Rs.1,00,000/-, this

appeal may be disposed of in accordance with law.

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 dismissed and

accordingly it is dismissed. The compensation awarded seems

just and reasonable and no interference is called for. 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 costs.

C/FA/5225/2019 ORDER DATED: 07/02/2023

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.

(ARAVIND KUMAR,CJ) GIRISH