New India Assurance Co Ltd vs Babiben Osmanbhai Deceased
2023 Latest Caselaw 425 Guj

       C/FA/1624/2011                               ORDER DATED: 13/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1624 of 2011

                                    With
                        R/FIRST APPEAL NO. 478 of 2011
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                      NEW INDIA ASSURANCE CO LTD
                                 Versus
                 BABIBEN OSMANBHAI DECEASED & 2 other(s)
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
MS AMRITA AJMERA(5204) for the Defendant(s) No. 1.1,1.2,1.3
RULE SERVED for the Defendant(s) No. 2,3
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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 15.06.2010 passed by the Motor

Accident Claims Tribunal in MACP No.484 of 1999 and 485 of

1999.

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

awarded by the Tribunal is Rs. 90,000/- and 83,840/-

respectively.

C/FA/1624/2011 ORDER DATED: 13/01/2023

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

the appellant has circulated leave note today. Heard learned

advocate appearing for the respondents.

4. On perusal of the grounds urged in the appeals

memorandum and in view of the submission that amount

involved in these 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 appeals deserve to be dismissed. The

compensation awarded seems just and reasonable and no

interference is called for. It is clarified, this 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 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

C/FA/1624/2011 ORDER DATED: 13/01/2023

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