The New India Assurance Co Ltd vs Rekhaben Navganbhai Desai
2023 Latest Caselaw 433 Guj

      C/FA/4737/2019                              ORDER DATED: 13/01/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                       R/FIRST APPEAL NO. 4737 of 2019

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                       THE NEW INDIA ASSURANCE CO LTD
                                   Versus
                         REKHABEN NAVGANBHAI DESAI
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
MR PARESH M DARJI(3700) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2,3
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI

                              Date : 13/01/2023

                                ORAL ORDER

[1] When the matter is taken up for hearing, Ms. Masumi

Nanavati, learned advocate, under the instructions of Mr. Sunil

B. Parikh, learned advocate, has stated that the amount involved

in the appeal is below Rs.1,00,000/- and as such has requested,

under the instructions, to dispose of the appeal. Accordingly,

though leave note is filed by Mr. Sunil B. Parikh, learned

advocate but since Ms. Masumi Nanavati, learned advocate has

been authorized to make the statement, the Court has taken up

the appeal for its disposal.

       C/FA/4737/2019                               ORDER DATED: 13/01/2023




[2]     This appeal has been filed by the insurer under Section

173 of the Motor Vehicles Act, 1988 challenging the judgment

and award dated 09.04.2019 passed by the Motor Accident

Claims Tribunal (Auxi.III), Gandhinagar in MACP No.346 of

2010.

[3] At the outset, it deserves to be noted that the amount

awarded by the Tribunal is Rs.98,003/-.

[4] I have heard the arguments of Ms. Masumi Nanavati,

learned advocate appearing for the appellant and Mr. Paresh M.

Darji, learned advocate appearing for the original claimant(s).

Ms. Masumi Nanavati, learned advocate has fairly submitted

that in view of the smallness of the amount which has been

awarded, the present appeal may be disposed of.

[5] 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

C/FA/4737/2019 ORDER DATED: 13/01/2023

considered view that appeal deserves to be dismissed. The

compensation award seems just and reasonable and no

interference is called for. It is clarified that 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.

[6] Record & Proceedings of the Tribunal and amount, if any,

deposited in this appeal is ordered to be transmitted to the

jurisdictional court forthwith along with accrued interest, if any,

by the Registry of this Court. The entire amount is ordered to

be disbursed / released in favour of claimant(s) after due

verification.

(ASHUTOSH SHASTRI, J.)

DHARMENDRA KUMAR