New India Assurance Company ... vs Harshadbhai Kishorbhai Parmar
2023 Latest Caselaw 624 Guj

     C/FA/2067/2012                             JUDGMENT DATED: 20/01/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2067 of 2012

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            NEW INDIA ASSURANCE COMPANY LIMITED
                              Versus
          HARSHADBHAI KISHORBHAI PARMAR & 3 other(s)
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
MR JM BAROT(143) for the Defendant(s) No. 4
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI

Date : 20/01/2023

ORAL JUDGMENT

1. This appeal has been filed by the insurer under Section

173 of the Motor Vehicles Act, 1988 challenging the judgment

and award dated 24.02.2012 passed by the Motor Accident

Claims Tribunal (Auxiliary), Additional District Court, Patan in

Motor Accident Claim Petition No. 274 of 2005.

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

awarded by the Tribunal is Rs.66,070/-.

3. I have heard the arguments of Mr. Palak Thakkar, learned

advocate appearing for the appellant. None appears for the

C/FA/2067/2012 JUDGMENT DATED: 20/01/2023

original claimant(s). Mr. Palak Thakkar, learned advocate has

fairly submitted that in view of the smallness of the amount

which has been awarded, the present appeal may be disposed

of.

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. The

compensation award seems just and reasonable and no

interference is called for. It is clarified that 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. Pending civil applications, if

any, shall stand disposed of as having become infructuous. No

order as to costs.

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

C/FA/2067/2012 JUDGMENT DATED: 20/01/2023

deposited in this appeal is ordered to be transmitted to the

jurisdictional court forthwith along with accrued interest, if any,

by the Registry of this Court. The entire amount is ordered to

be disbursed/released in favour of claimant(s) after due

verification.

(ASHUTOSH SHASTRI, J) phalguni