New India Assurance Co. Ltd vs Rajakbhai Abbabhai Katiyar
2023 Latest Caselaw 625 Guj

     C/FA/177/2018                            JUDGMENT DATED: 20/01/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 177 of 2018

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                 NEW INDIA ASSURANCE CO. LTD.
                              Versus
            RAJAKBHAI ABBABHAI KATIYAR & 1 other(s)
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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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 19.08.2017 passed by the Motor Accident

Claims Tribunal (Special), 9th Additional District Judge, at Rajkot

in Motor Accident Claim Petition No. 371 of 2011.

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

awarded by the Tribunal is Rs.93,572/-.

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

advocate appearing for the appellant and Mr. Hemal Shah,

C/FA/177/2018 JUDGMENT DATED: 20/01/2023

learned advocate appearing for the 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/177/2018 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