New India Assurance Co Ltd vs Gidhabhai Kanjibhai
2023 Latest Caselaw 415 Guj

       C/FA/2773/2008                               ORDER DATED: 13/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2773 of 2008
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                         NEW INDIA ASSURANCE CO LTD
                                    Versus
                        GIDHABHAI KANJIBHAI & 1 other(s)
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
MR AJAY L PANDAV(3660) for the Defendant(s) No. 2
MR MEHUL S SHAH(772) for the Defendant(s) No. 1
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 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 17.12.2007 passed by the Motor

Accident Claims Tribunal in MACP No. 999 of 2000.

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

awarded by the Tribunal is Rs. 61,300/-.

3. Mr. Sunil B. Parikh, learned advocate appearing for

the appellant has circulated leave note today. Heard learned

advocates appearing for the respective respondents.

4. On perusal of the grounds urged in the appeal

C/FA/2773/2008 ORDER DATED: 13/01/2023

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 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