New India Assurance Co. Ltd vs Pradhanji Hajurji Thakor
2023 Latest Caselaw 442 Guj

      C/FA/2582/2018                              ORDER DATED: 13/01/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 2582 of 2018

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                      NEW INDIA ASSURANCE CO. LTD.
                                 Versus
                   PRADHANJI HAJURJI THAKOR & 3 other(s)
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Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
DECEASED LITIGANT for the Defendant(s) No. 4
MR DK CHAUDHARI(5361) for the Defendant(s) No. 3
MR HIMANSU M PADHYA(1611) for the Defendant(s) No. 1
MR MA KHARADI(1032) for the Defendant(s) No. 2.1
NOTICE SERVED for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 2.2,4.1,4.2,4.3,4.4
UMARFARUK M KHARADI(8155) for the Defendant(s) No. 2.1
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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 28.02.2017 passed by the Motor Accident

Claims Tribunal (Main), Banaskantha at Palanpur in MACP

No.339 of 2005.

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

awarded by the Tribunal is Rs.64,800/-.

C/FA/2582/2018 ORDER DATED: 13/01/2023

[3] I have heard the arguments of Mr. Ajay R. Mehta, learned

advocate appearing for the appellant and learned advocates

appearing for the original claimant(s). Mr. Ajay R. Mehta,

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/2582/2018 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