The New India Assurance Company ... vs Jalamsinh Gaguji Rathod
2023 Latest Caselaw 440 Guj

      C/FA/282/2022                              ORDER DATED: 13/01/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 282 of 2022

                                   With

            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 282 of 2022

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      THE NEW INDIA ASSURANCE COMPANY LTD. GANDHIDHAM
                          KACHCHH
                            Versus
                   JALAMSINH GAGUJI RATHOD
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Appearance:
MR NAGESH C SOOD(1928) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2,4
RULE UNSERVED for the Defendant(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI

                             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 05.02.2020 passed by the Motor Accident

Claims Tribunal (Auxi.6), 6 Additional District Judge, Kachchh at

Anjar in MACP No.1402 of 2015.

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

awarded by the Tribunal is Rs.91,400/-.

C/FA/282/2022 ORDER DATED: 13/01/2023

[3] I have heard the arguments of Mr. Nagesh C. Sood,

learned advocate appearing for the appellant. Mr. Sood, 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.

[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 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.

C/FA/282/2022 ORDER DATED: 13/01/2023

[5] 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