The United India Insurance Company Ltd vs Kanuji Visaji Thakor
2024 Latest Caselaw 8588 Guj

Gujarat High Court

The United India Insurance Company Ltd vs Kanuji Visaji Thakor on 10 September, 2024

                                                                                                                         NEUTRAL CITATION




                               C/FA/3419/2019                                            ORDER DATED: 10/09/2024

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 3419 of 2019
                                                             With
                                         CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                                              In R/FIRST APPEAL NO. 3419 of 2019
                       ==========================================================
                                         THE UNITED INDIA INSURANCE COMPANY LTD
                                                            Versus
                                               KANUJI VISAJI THAKOR & ORS.
                       ==========================================================
                       Appearance:
                       MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
                       MR PALAK H THAKKAR(3455) for the Defendant(s) No. 4
                       RULE SERVED for the Defendant(s) No. 1,2,3,5.1
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                              Date : 10/09/2024

                                                               ORAL ORDER

1. Heard learned advocates.

2. The present appeal is filed challenging the

judgment and award dated 16.01.2019 passed by the Motor

Accident Claims Tribunal (Aux.), Patan in Motor Accident

Claim Petition No.267 of 2013, however, the insurance

company restricted the claim in appeal to Rs.72,810/-.

3. Considering the smallness of amount, this Court

finds no reason to interfere in the impugned judgment and

award passed by the Tribunal. The appeal, accordingly, is

disposed of. Notice/Notice of admission is discharged. Interim

NEUTRAL CITATION

C/FA/3419/2019 ORDER DATED: 10/09/2024

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relief, if any, shall stand vacated.

4. The Tribunal shall disburse the entire awarded

amount, along with accrued interest thereon if any, to the

claimant/s, by account payee cheque/NEFT/RTGS, after due

verification and after following due procedure, forthwith.

5. Record and proceedings be sent back to the

concerned Tribunal, forthwith.

6. It is made clear that this order would have no

bearing and/or shall not be considered as precedent in any of

the matters connected to the accident in question vis-a-vis

the impugned judgment and order and is without prejudice to

the rights and contentions of either party.

7. In view of above, connected civil application/s, if

any, would not survive and is disposed of accordingly.

(SANDEEP N. BHATT,J) M.H. DAVE