New India Assurance Co Ltd vs Gomiben Bhurabhai Harijan
2023 Latest Caselaw 404 Guj

       C/FA/763/2013                              ORDER DATED: 13/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 763 of 2013

                                   With
                       R/FIRST APPEAL NO. 598 of 2013
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                      NEW INDIA ASSURANCE CO LTD
                                 Versus
                  GOMIBEN BHURABHAI HARIJAN & 2 other(s)
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Defendant(s) No. 1
MRS NISHA M PARIKH(2397) for the Defendant(s) No. 1
RULE NOT RECD BACK for the Defendant(s) No. 2,3
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR

                              Date : 13/01/2023

                               ORAL ORDER

1. These appeals have been filed by the insurer under

Section 173 of the Motor Vehicles Act, 1988 challenging the

judgment and award dated 31.08.2012 passed by the Motor

Accident Claims Tribunal in MACP No.175 of 2001 and 176 of

2001.

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

awarded by the Tribunal is Rs. 56,880/- and 52,000/-

respectively.

C/FA/763/2013 ORDER DATED: 13/01/2023

3. I have heard the arguments of Mr. Palak Thakkar,

learned advocate appearing for the appellant and learned

advocate appearing for the respondent No.1. Mr. Thakkar

fairly submitted that in view of the smallness of the amount

which has been awarded, the present appeals may be

disposed of.

4. On perusal of the grounds urged in the appeals

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 view that appeals deserve to be dismissed.

The compensation awarded seems just and reasonable and no

interference is called for. It is clarified, 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. Pending

civil applications, if any, shall stand disposed of as having

C/FA/763/2013 ORDER DATED: 13/01/2023

become infructuous. No order as to costs.

5. Record & Proceedings of the Tribunal and amount, if

any deposited in these appeals, 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.

(ARAVIND KUMAR,CJ) AMAR SINGH