Iffco- Tokio Gen. Ins. Co. Ltd vs Ashokbhai Mulchanddas Khatri
2024 Latest Caselaw 8596 Guj

Gujarat High Court

Iffco- Tokio Gen. Ins. Co. Ltd vs Ashokbhai Mulchanddas Khatri on 10 September, 2024

                                                                                                           NEUTRAL CITATION




                              C/FA/4116/2009                                ORDER DATED: 10/09/2024

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 4116 of 2009

                      ==========================================================
                                             IFFCO- TOKIO GEN. INS. CO. LTD
                                                         Versus
                                         ASHOKBHAI MULCHANDDAS KHATRI & ANR.
                      ==========================================================
                      Appearance:
                      MR CHIRAYU A MEHTA(3256) for the Appellant(s) No. 1
                      MR.HIREN M MODI(3732) for the Defendant(s) No. 1
                      MS SNEHA A JOSHI(2156) for the Defendant(s) No. 2
                      ==========================================================

                         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 20.01.2009 passed by the learned Motor Accident

Claims Tribunal, Fast Track Court No.3, Ahmedabad (Rural)

at Mirzapur in MACP No.786 of 2003, however, the insurance

company restricted the claim in appeal to Rs.1,08,200/-.

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/4116/2009 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