New India Assurance Co Ltd vs Amaratben Rayjibhai Baria
2023 Latest Caselaw 427 Guj

     C/FA/1480/2020                                  ORDER DATED: 13/01/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/FIRST APPEAL NO. 1480 of 2020

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                      NEW INDIA ASSURANCE CO LTD
                                 Versus
                       AMARATBEN RAYJIBHAI BARIA
=============================================
Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
MR HARSHAD K PATEL(2844) for the Defendant(s) No. 2,3
RULE SERVED 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 18.02.2019 passed by the

Motor Accident Claims Tribunal in MACP No.2011 of

2017 (Old MACP No.180 of 2013).

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

amount awarded by the Tribunal is Rs.83,600/-.

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

learned advocate appearing for the appellant and

C/FA/1480/2020 ORDER DATED: 13/01/2023

Mr.Harshad Patel, learned advocate appearing for

defendant Nos.2 and 3. 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/1480/2020 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