New India Assurance Co.Ltd vs Pradeep Matrabhai Vanja
2023 Latest Caselaw 418 Guj

       C/FA/2341/2010                               ORDER DATED: 13/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2341 of 2010

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                       NEW INDIA ASSURANCE CO.LTD
                                  Versus
                    PRADEEP MATRABHAI VANJA & 2 other(s)
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
MR HARSHAD K PATEL(2844) for the Defendant(s) No. 1
MS MAMTA R VYAS(994) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
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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 18.05.2009 passed by the Motor

Accident Claims Tribunal in MACP No. 74 of 1998.

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

awarded by the Tribunal is Rs.58,000/-.

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

learned advocate appearing for the appellant and learned

C/FA/2341/2010 ORDER DATED: 13/01/2023

advocates appearing for the original claimants. Mr. Thakkar

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 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

C/FA/2341/2010 ORDER DATED: 13/01/2023

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