New India Assurance Co. Ltd vs Ranjanben Bhagvanbhai Koli
2023 Latest Caselaw 526 Guj

       C/FA/1298/2016                                  ORDER DATED: 17/01/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 1298 of 2016
=============================================
                 NEW INDIA ASSURANCE CO. LTD.
                              Versus
            RANJANBEN BHAGVANBHAI KOLI & 2 other(s)
=============================================
Appearance:
MR R G DWIVEDI(6601) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2,3
=============================================

     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 11.03.2016 passed by the

Motor Accident Claims Tribunal in MACP No.32 of 2002.

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

amount awarded by the Tribunal is Rs.70,100/- with

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

3. I have heard the arguments of Mr.R.G.Dwivedi,

learned advocate appearing for the appellant.

Mr.Dwivedi, learned advocate fairly submitted that in

view of the smallness of the amount which has been

C/FA/1298/2016 ORDER DATED: 17/01/2023

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 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.

C/FA/1298/2016 ORDER DATED: 17/01/2023

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