New India Assurance Co Ltd vs Ranuben Chandubhai Rathwa
2023 Latest Caselaw 535 Guj

       C/FA/1821/2012                               ORDER DATED: 17/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1821 of 2012
                                     With
                        R/FIRST APPEAL NO. 1822 of 2012
                                     With
                        R/FIRST APPEAL NO. 1823 of 2012
                                     With
                        R/FIRST APPEAL NO. 1824 of 2012
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                     NEW INDIA ASSURANCE CO LTD
                                Versus
                 RANUBEN CHANDUBHAI RATHWA & 2 other(s)
==========================================================
Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1
MR.KARNA H DHOMSE(6684) for the Defendant(s) No. 2,3
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR

                                Date : 17/01/2023

                            COMMON ORAL ORDER

1. These appeals have been filed by the insurer under

Section 173 of the Motor Vehicles Act, 1988 challenging the

judgment and award dated 02.02.2012 passed by the Motor

Accident Claims Tribunal in MACP No. 1158 of 2007, 1159 of

2007, 1160 of 2007 and 1183 of 2007.

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

awarded by the Tribunal is Rs. 53,300/-, 38,500/-, 37,300/-

C/FA/1821/2012 ORDER DATED: 17/01/2023

and 30,000/- respectively with interest @ 7.5% p.a. from date

of petitions till realisation.

3. I have heard the arguments of Mr. Mazmudar,

learned advocate appearing for the appellant and learned

advocates appearing for the respective respondents. Mr.

Mazmudar, 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 appeals

memorandum and in view of the submission that amount

involved in First Appeal No. 1821 of 2012 is less than Rs.

1,00,000/-, whereas the amount involved in First Appeal

Nos.1822 of 2012, 1823 of 2012 and 1824 of 2012 is less than

Rs. 50,000/-, and having regard to the smallness of the

amount, this Court is of the considered view that appeals

deserve to be dismissed and accordingly they are dismissed.

The compensation awarded seems just and reasonable and no

interference is called for. It is clarified, these appeals are

C/FA/1821/2012 ORDER DATED: 17/01/2023

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 appeals 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.

5. Record & Proceedings of the Tribunal and amount, if

any deposited in this appeals, 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