New India Assurance Co Ltd vs Savesing Nankabhai Bhil
2023 Latest Caselaw 429 Guj

       C/FA/1369/2011                                 ORDER DATED: 13/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/FIRST APPEAL NO. 1369 of 2011

                                      With
                          R/FIRST APPEAL NO. 1370 of 2011
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                           NEW INDIA ASSURANCE CO LTD
                                      Versus
                        SAVESING NANKABHAI BHIL & 1 other(s)
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Appearance:
MS LILU K BHAYA(1705) for the Appellant(s) No. 1
MR TUSHAR L SHETH(3920) for the Defendant(s) No. 1
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 01.01.2011 passed by the Motor

Accident Claims Tribunal in MACP No. 91 of 2003 and 94 of

2003.

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

awarded by the Tribunal is Rs.64,720/- in both appeals.

3. I have heard the arguments of Ms. Lilu K. Bhaya,

C/FA/1369/2011 ORDER DATED: 13/01/2023

learned advocate appearing for the appellant and Mr. Tushar

Sheth, learned advocate appearing for the respondent No.1.

Mr. Vibhuti Nanavati 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 appeals

memorandum and in view of the submission that amount

involved in this appeals 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 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.

C/FA/1369/2011 ORDER DATED: 13/01/2023

5. Record & Proceedings of the Tribunal and amount, if

any deposited in these appeals, 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