New India Assurance Co Ltd vs Naranbhai Hemabhai Parmar
2023 Latest Caselaw 416 Guj

       C/FA/2734/2012                               ORDER DATED: 13/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2734 of 2012
                                     With
                        R/FIRST APPEAL NO. 2732 of 2012
                                     With
                        R/FIRST APPEAL NO. 2733 of 2012
==========================================================
                      NEW INDIA ASSURANCE CO LTD
                                 Versus
                  NARANBHAI HEMABHAI PARMAR & 1 other(s)
==========================================================
Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
MR JM BAROT(143) for the Defendant(s) No. 1
MR PRAKASH G PANDYA(3041) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1,2
==========================================================

 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 04.06.2011 passed by the Motor

Accident Claims Tribunal in MACP No. 235 of 2003, 228 of

2003 and 229 of 2003.

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

awarded by the Tribunal is Rs. 37,900/-, 43,100/-, 67,795/-.

C/FA/2734/2012 ORDER DATED: 13/01/2023

3. I have heard the arguments of Mr. Mazmudar,

learned advocate appearing for the appellant and learned

advocates appearing for the respective respondents. Mr.

Mazmudar 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 First Appeal No. 2374 of 2012 and 2732 of 2012 is

less than Rs. 50,000/-, whereas the amount involved in First

Appeal No. 2733 of 212 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 appeal is kept open

C/FA/2734/2012 ORDER DATED: 13/01/2023

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