National Insurance Co vs Govindbhai Devsibhai Vadhvana
2023 Latest Caselaw 4888 Guj

     C/FA/1722/2008                               ORDER DATED: 23/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1722 of 2008
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                     NATIONAL INSURANCE CO.
                               Versus
              GOVINDBHAI DEVSIBHAI VADHVANA & 8 other(s)
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Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
DS AFF.NOT FILED (R) for the Defendant(s) No. 2,3,3.1,4,5
MANDEEP SINGH SALUJA(8791) for the Defendant(s) No. 6
MR PINAKIN B RAVAL(3468) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                              Date : 23/06/2023

                               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 passed by the Motor Accident Claims Tribunal.

2. At the outset, it deserves to be noted that challenge made by the insurer in this appeal is less than Rs.1,00,000/- or restricted to less than Rs.1,00,000/-.

3. I have heard the learned advocates appearing for the parties. Learned advocate appearing for the appellant - Insurer has fairly submitted that in view of the amount involved in this appeal being less than Rs.1,00,000/-, this appeal may be disposed of in accordance with law.

4. On perusal of the grounds urged in the appeal memorandum and

C/FA/1722/2008 ORDER DATED: 23/06/2023

in view of the submission that the 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 the 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 that this appeal is disposed of only on the ground of smallness of the amount of compensation without expressing any opinion on merits and questions of law raised in the appeal are kept open to be urged in appropriate appeals if any 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 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

(S. V. PINTO,J) BEENA SHAH