The New India Asurance Company Ltd vs Najarmamad Tamachi Node
2023 Latest Caselaw 403 Guj

     C/FA/96/2018                             ORDER DATED: 13/01/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 96 of 2018

=============================================
            THE NEW INDIA ASURANCE COMPANY LTD
                           Versus
            NAJARMAMAD TAMACHI NODE & 3 other(s)
=============================================
Appearance:
MS E.SHAILAJA(2671) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2,3,4
=============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
      ARAVIND KUMAR

                          Date : 13/01/2023
                           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 28.07.2017 passed by the

Motor Accident Claims Tribunal in MACP No.175 of 2006.

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

amount awarded by the Tribunal is Rs.90,800/-.

3. I have heard the arguments of Ms. E. Shailaja,

learned advocate appearing for the appellant. Ms. E.

Shailaja, learned counsel fairly submitted that in view of

the smallness of the amount which has been awarded, the

C/FA/96/2018 ORDER DATED: 13/01/2023

present appeal may be disposed of.

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. 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. Pending Civil

Application/s, if any, shall stand disposed of as having

become infructuous. 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

C/FA/96/2018 ORDER DATED: 13/01/2023

accrued interest if any. The entire award amount be

disbursed and released in favour of claimant/s after due

verification.

(ARAVIND KUMAR, CJ) GAURAV J THAKER