National Inusurance Co. Ltd vs Bharatsinh Kantibhai
2023 Latest Caselaw 6910 Guj

                                                                                   NEUTRAL CITATION




       C/FA/4665/2007                               ORDER DATED: 18/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 4665 of 2007

                                    With
                        R/FIRST APPEAL NO. 4666 of 2007
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                         NATIONAL INUSURANCE CO. LTD
                                    Versus
                        BHARATSINH KANTIBHAI & 2 other(s)
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
MR HR PRAJAPATI(674) for the Defendant(s) No. 2,3
NOTICE SERVED for the Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 18/09/2023

                             COMMON ORAL ORDER

1. As both the appeals arise out of the common Award and Judgment, they are being disposed of by this common judgment and order.

2. The respondents in both the appeals being original claimants had sustained injuries in a road accident, which took place on 11.03.2000. They had filed the claim petition Nos. 4771 of 2004 and 4772 of 2004. The MACT (Aux) at Dahod, by its common Award and judgment dated 31.08.2005, awarded the amount of compensation to the tune of Rs.30,700/- and Rs.29,300/- in both the petitions respectively.

3. The National Insurance Company with whom the vehicle in question was insured, have challenged the aforesaid award and

NEUTRAL CITATION

C/FA/4665/2007 ORDER DATED: 18/09/2023

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judgment on the ground of legal liability to pay the amount of compensation.

4. Mr. Sunil Parikh, learned counsel appearing for the appellant Company has submitted that, the Tribunal erred in fastening the liability of the Insurance Company to pay the amount of compensation in both the cases, as the Insurance Company either contractually or statutorily are not liable. The claimants were occupants of the tractor and trailer and in that view of the matter, their risk is not covered by paying extra premium.

5. Having heard the learned counsel for the respective parties and the amount involved in this appeal, this Court of the considered view that, the appeal deserves to be dismissed. It is made it clear that, the appeals are disposed of only on the ground of smallness of the compensation (less than Rs.1,00,000/- ) amount without expressing any opinion on merits and issue of liability raised in the appeals. This order would not come in the way of any adjudication of any other appeal on the same ground or any legal ground.

6. Accordingly, both the appeals stand dismissed. Decree be drawn accordingly. The Tribunal shall disburse the entire amount in favour of the claimants.

(ILESH J. VORA,J) P.S. JOSHI