National Insurance Company Ltd vs Ratnuben @ Ratanaben Matrabhai ...
2023 Latest Caselaw 6846 Guj

                                                                                 NEUTRAL CITATION




        C/FA/1073/2012                            ORDER DATED: 15/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/FIRST APPEAL NO. 1073 of 2012
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               NATIONAL INSURANCE COMPANY LTD
                              Versus
     RATNUBEN @ RATANABEN MATRABHAI RABARI & 2 other(s)
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Appearance:
MR NAGESH C SOOD(1928) for the Appellant(s) No. 1
MR ASHISH M DAGLI(2203) for the Defendant(s) No. 2
MR JAYESH A DAVE(253) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2,3
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 15/09/2023
                               ORAL ORDER

[1.0] Insurance Company is in First Appeal under section 173 of the Motor Vehicles Act, 1988. Challenge is made to the judgment and award dated 12.12.2011 passed by the learned Motor Accident Claim Claims Tribunal (Main), Surendranagar in Motor Accident Claim Petition No.548 of 2004.

[2.0] Perusal of the judgment and award indicates that Insurance Company has challenged the judgment and award made to the tune of Rs.25,000/- to the victim of the road accident.

[3.0] Heard learned advocates for the respective parties.

[4.0] Since the amount involved in the First Appeal is less than Rs.1,00,000/-, paying due regard to smallness of amount, this Court is of the considered view that the First Appeal should be disposed of as compensation awarded seems to be just and

NEUTRAL CITATION

C/FA/1073/2012 ORDER DATED: 15/09/2023

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reasonable and no interference is called. It is hereby made clear that this First Appeal is disposed of only on the ground of award of compensation being meager and small and less than Rs.1,00,000/-. This Court has not expressed any opinion on merits and question of law raised in this First Appeal and is kept open to be urged in other proceedings which may arise from the same road accident / same judgment and award. It is made clear that this order will not come in the way of adjudication of any other First Appeal pending against same judgment and award or adjudication of any other claim petition arising from same road accident. Since the First Appeal is disposed of only on the contention of monetary value being less than Rs.1,00,000/-, principle of res judicata shall not be applied to any other proceedings arising from the same road accident or same judgment and award.

[5.0] In view of above, the First Appeal is dismissed. Pending Civil Applications, if any, stands disposed of as having become infructuous. No order as to costs.

[6.0] Record and Proceedings and amount, if any lying before this Court is ordered to be transmitted to the concerned Tribunal forthwith along with accrued interest, if any. The entire awarded amount be disbursed and released in favour of the claimants after due verification by transferring the said amount to the account of the claimants either by RTGS or NEFT mode.

(HASMUKH D. SUTHAR, J.) Ajay