New India Assurance Co. Ltd vs Halimabai Junas Kumbhar
2023 Latest Caselaw 533 Guj

       C/FA/2428/2015                                 ORDER DATED: 17/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/FIRST APPEAL NO. 2428 of 2015

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                           NEW INDIA ASSURANCE CO. LTD.
                                       Versus
                        HALIMABAI JUNAS KUMBHAR & 5 other(s)
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Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2,5,6
UNSERVED EXPIRED (R) for the Defendant(s) No. 3
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 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 18.08.2015 passed by the Motor

Accident Claims Tribunal in MACP No. 932 of 1998.

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

awarded by the Tribunal is Rs. 75,520/- with interest @ 9%

p.a. from date of petition till realisation.

3. I have heard the arguments of Mr. Ajay Mehta,

C/FA/2428/2015 ORDER DATED: 17/01/2023

learned advocate appearing for the appellant. Mr. Mehta,

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 award or adjudication of any other claim

petition arising out of same accident. Pending civil

C/FA/2428/2015 ORDER DATED: 17/01/2023

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) AMAR SINGH