New India Assurance Company Limited ... vs Shantaben Jivabhai Rohit Since.Decd. ...
2024 Latest Caselaw 8634 Guj

Gujarat High Court

New India Assurance Company Limited ... vs Shantaben Jivabhai Rohit Since.Decd. ... on 11 September, 2024

                                                                                                                NEUTRAL CITATION




                                C/FA/40/2011                                    ORDER DATED: 11/09/2024

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                                     R/FIRST APPEAL NO. 40 of 2011
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                          NEW INDIA ASSURANCE COMPANY LIMITED THROUGH MANAGER
                                                    Versus
                          SHANTABEN JIVABHAI ROHIT SINCE.DECD. THROUGH HEIR & ORS.
                       ================================================================
                       Appearance:
                       MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
                       MR.SHASHIKANT PARMAR(6346) for the Defendant(s) No. 1,2,3
                       RULE SERVED for the Defendant(s) No. 4,5
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                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                            Date : 11/09/2024
                                                             ORAL ORDER

1. The present First Appeal is filed challenging the judgment and award dated 23.09.2010 passed by the learned Motor Accident Tribunal (Main), Anand, Valsad in MACP No.1/2019.

2. The brief facts of the case are as under:-

2.1 On 21.11.2008, the mother of the appellant was travelling in the Rickshaw being Registration No.GJ 23 U 349 which was being driven by the opponent No.1 with full speed in negligent manner and thereafter, the said rickshaw turned turtle and the mother the appellant died on the spot. The legal heirs of the deceased filed the claim petition for compensation of Rs.3,16,500/- along with interest from the opponents, which was partly allowed by the learned Tribunal.

NEUTRAL CITATION

C/FA/40/2011 ORDER DATED: 11/09/2024

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3. Heard learned advocate Mr. Rathin P. Raval for the appellant and learned advocate Mr. Shashikant Parmar for respondents as well as perused the record.

4. Considering the submissions as well as various grounds raised in the memo of appeal, the fact remains that the total amount involved in the appeal is only Rs.1,14,500/-. Considering the smallness of amount, this Court is of the view that jurisdiction under Section 173 of the Motor Vehicles Act, 1988, cannot be exercised.

5. It is made clear that only on the ground of smallness of amount, this order may not be considered as precedent in other claim petitions arising out of the same accident and hence, the appeal stands disposed of. No order as to costs.

6. Record and proceedings be sent back to the learned Tribunal.

(D. M. DESAI,J) RINKU MALI