National Insurance Comapny, ... vs Rajeshkumar Motidas Patel
2023 Latest Caselaw 4890 Guj

     C/FA/5168/2010                               ORDER DATED: 23/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 5168 of 2010

                                  With
                      R/FIRST APPEAL NO. 5169 of 2010
==========================================================
 NATIONAL INSURANCE COMAPNY, REGIONAL OFFICE AT HASUBHAI
                         Versus
           RAJESHKUMAR MOTIDAS PATEL & 2 other(s)
==========================================================
Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
MR AV PRAJAPATI(672) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2,3
==========================================================

 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                              Date : 23/06/2023

                          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 passed by the Motor Accident Claims Tribunal.

2. At the outset, it deserves to be noted that challenge made by the insurer in these appeals 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 respective appellant - Insurer has fairly submitted that in view of the amount involved in these appeals being less than Rs.1,00,000/-, these appeals may be disposed of in accordance with law.

C/FA/5168/2010 ORDER DATED: 23/06/2023

4. On perusal of the grounds urged in the appeals memorandum and in view of the submission that the amount involved in these appeals 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 appeals deserve 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 these appeals are 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 appeals 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 these appeals, are 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