New India Assurance Co Ltd vs Khimjibhai Dahyabhai Sapariya
2023 Latest Caselaw 410 Guj

     C/FA/4336/2019                                   ORDER DATED: 13/01/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO. 4336 of 2019
                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
             In R/FIRST APPEAL NO. 4336 of 2019
=============================================
                       NEW INDIA ASSURANCE CO LTD
                                  Versus
                      KHIMJIBHAI DAHYABHAI SAPARIYA
=============================================
Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
for the Defendant(s) No. 3,4
MS VYOMA K JHAVERI(6386) for the Defendant(s) No. 2
NOTICE UNSERVED for the Defendant(s) No. 1,5
=============================================

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 28.02.2019 passed by the

Motor Accident Claims Tribunal in MACP No.2316 of

1997.

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

amount awarded by the Tribunal is Rs.85,500/-.

3. I have heard the arguments of Mr. Ajay Mehta,

learned advocate appearing for the appellant and

C/FA/4336/2019 ORDER DATED: 13/01/2023

Ms.Vyoma Jhaveri, learned advocate appearing for

defendant No.2. Mr. Ajay Mehta, learned counsel fairly

submitted that in view of the smallness of the amount

which has been awarded, the 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.

C/FA/4336/2019 ORDER DATED: 13/01/2023

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.

(ARAVIND KUMAR, CJ) GAURAV J THAKER