The Oriental Insurance Co. Ltd vs Sagarben Bhalabhai Parmar
2024 Latest Caselaw 8593 Guj

Gujarat High Court

The Oriental Insurance Co. Ltd vs Sagarben Bhalabhai Parmar on 10 September, 2024

                                                                                                           NEUTRAL CITATION




                              C/FA/761/2021                                ORDER DATED: 10/09/2024

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 761 of 2021

                      ==========================================================
                                               THE ORIENTAL INSURANCE CO. LTD.
                                                            Versus
                                              SAGARBEN BHALABHAI PARMAR & ORS.
                      ==========================================================
                      Appearance:
                      MR VC THOMAS(5476) for the Appellant(s) No. 1
                      MR PRADIP J PATEL(5896) for the Defendant(s) No. 1,2,3,4,5
                      RULE SERVED for the Defendant(s) No. 7
                      RULE UNSERVED for the Defendant(s) No. 6
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                       Date : 10/09/2024

                                                        ORAL ORDER

1. Heard learned advocate for the appellant.

2. The appeal is filed challenging the judgment and award dated 08.04.2019 passed by the learned Motor Accident

Claims Tribunal (Aux.), Kheda at Nadiad in MACP No.1341

of 2011, however, the insurance company restricted the claim

in appeal to Rs.1,60,000/-.

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

relief, if any, shall stand vacated.

NEUTRAL CITATION

C/FA/761/2021 ORDER DATED: 10/09/2024

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4. The Tribunal shall disburse the entire awarded

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

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

verification and after following due procedure, forthwith.

5. Record and proceedings, if any, 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 award and is without prejudice

to the rights and contentions of the either parties.

7. Since the main appeal is disposed of, connected

applications, if any, would not survive and are disposed of

accordingly.

(SANDEEP N. BHATT,J) SLOCK BAROT