New India Assurance Co Ltd Thro. ... vs Sabbirmiya Sikandarmiya Malek
2023 Latest Caselaw 406 Guj

       C/FA/5205/2010                               ORDER DATED: 13/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 5205 of 2010
                                     With
                        R/FIRST APPEAL NO. 3210 of 2017
                                     With
                        R/FIRST APPEAL NO. 3211 of 2017
                                     With
                        R/FIRST APPEAL NO. 5202 of 2010
                                     With
                        R/FIRST APPEAL NO. 5207 of 2010
                                     With
                         R/FIRST APPEAL NO. 610 of 2019
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     NEW INDIA ASSURANCE CO LTD THRO. LEGAL CELL MILL OFFICER'
                              Versus
             SABBIRMIYA SIKANDARMIYA MALEK & 1 other(s)
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR PARESH M DARJI(3700) for the Defendant(s) No. 2
MR PRANAV M RAVAL(3438) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR

                                Date : 13/01/2023

                            COMMON ORAL ORDER

1. The present appeals have 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 in MACP No. 678 of 2006, 7419 of

2006, 7447 of 2006, 677 of 2006, 719 of 2006 and 7631 of

2006.

C/FA/5205/2010 ORDER DATED: 13/01/2023

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

awarded by the Tribunal is Rs. 70,715/-, 52,693, 62,200/-,

54,218/-, 95,932/- and 74,643/- respectively.

3. I have heard the arguments of Mr. Vibhuti Nanavati,

learned advocate appearing for the appellant and learned

advocates appearing for the respective respondents. Mr.

Vibhuti Nanavati 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

C/FA/5205/2010 ORDER DATED: 13/01/2023

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

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 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