New India Assurance Company ... vs Zala Mahipatsinh Sadasinh
2023 Latest Caselaw 537 Guj

       C/FA/1331/2011                               ORDER DATED: 17/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1331 of 2011

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          NEW INDIA ASSURANCE COMPANY LIMITED, MEHSANA
                              Versus
               ZALA MAHIPATSINH SADASINH & 9 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 3
MR JAYESH V PATEL(5925) for the Defendant(s) No. 10,6,7,8,9
MR TEJAS P SATTA(3149) for the Defendant(s) No. 10,6,7,8,9
MS AMI K PATEL(3152) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 4,5.1,5.2,5.3,5.4,5.5
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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 07.01.2011 passed by the Motor

Accident Claims Tribunal in MACP No. 880 of 2003.

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

awarded by the Tribunal is Rs. 1,96,250/- with interest @

7.5% p.a. from date of petition till realisation. However,

Insurer has restricted the challenge to a sum of Rs. 78,500/-

C/FA/1331/2011 ORDER DATED: 17/01/2023

in this Appeal.

3. I have heard the arguments of Mr. Vibhuti Nanavati,

learned advocate appearing for the appellant and learned

advocates appearing for the respective respondents. Mr.

Vibhuti Nanavati, 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

C/FA/1331/2011 ORDER DATED: 17/01/2023

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 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