New India Assurance Co Ltd vs Triveniben Alias Divyaben ...
2023 Latest Caselaw 522 Guj

       C/FA/3837/2021                                ORDER DATED: 17/01/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/FIRST APPEAL NO. 3837 of 2021
                          With
      CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
           In R/FIRST APPEAL NO. 3837 of 2021
=============================================
              NEW INDIA ASSURANCE CO LTD
                         Versus
      TRIVENIBEN ALIAS DIVYABEN DHIRAJLAL RATHOD
=============================================
Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
RULE UNSERVED for the Defendant(s) No. 2,3
MS VENU H NANAVATY(7458) for the Defendant(s) No. 1
=============================================

     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
           KUMAR

                            Date : 17/01/2023
                             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 16.01.2019 passed by the

Motor Accident Claims Tribunal in MACP No.227 of 2017

(old MACP No.346 of 2007).

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

amount awarded by the Tribunal is Rs.83,126/- with

interest @ 9% p.a. from date of petition till realization.

3. I have heard the arguments of Mr.Sunil Parikh,

learned advocate appearing for the appellant and

C/FA/3837/2021 ORDER DATED: 17/01/2023

Ms.Venu Nanavaty, learned advocate appearing for

defendant No.1. Mr.Parikh, learned advocate fairly

submitted that in view of the smallness of the amount

which has been awarded, this appeal may be disposed of

in accordance with law.

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 and accordingly it is 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.

This order would not come in the way of adjudication of

any other appeal pending against the same judgment and

C/FA/3837/2021 ORDER DATED: 17/01/2023

award or adjudication of any other claim petition arising

out of same accident. Pending civil application/s, if any,

stands disposed of as having become infructuous. No

order as to costs.

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 by transferring said amount/s to the account/s

of claimant/s by RTGS or NEFT.

(ARAVIND KUMAR, CJ) GAURAV J THAKER