New India Assurance Co. Ltd vs Kailashben W/O Arvindbhai Vaghjibhai ...
2025 Latest Caselaw 5425 Guj

Gujarat High Court

New India Assurance Co. Ltd vs Kailashben W/O Arvindbhai Vaghjibhai ... on 2 April, 2025

                                                                                                               NEUTRAL CITATION




                             C/FA/1687/2015                                   JUDGMENT DATED: 02/04/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                                 R/FIRST APPEAL NO. 1687 of 2015
                                                                 With
                                                     R/FIRST APPEAL NO. 1688 of 2015

                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE DEVAN M. DESAI

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                                    Approved for Reporting                    Yes           No
                                                                                            ✓
                       ================================================================
                                       NEW INDIA ASSURANCE CO. LTD.
                                                   Versus
                          KAILASHBEN W/O ARVINDBHAI VAGHJIBHAI PATEL -DECD. & ORS.
                       ================================================================
                       Appearance:
                       MS E.SHAILAJA(2671) for the Appellant(s) No. 1
                       HCLS COMMITTEE(4998) for the Defendant(s) No. 7
                       MR SUNIL B PARIKH(582) for the Defendant(s) No. 6
                       MR.HIREN M MODI(3732) for the Defendant(s) No. 1,3,4
                       MS CHETNABEN JOSHI(2313) for the Defendant(s) No. 7
                       RULE SERVED for the Defendant(s) No. 5
                       ================================================================
                          CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                          Date : 02/04/2025
                                                       COMMON ORAL JUDGMENT

1. The present appeals are preferred by the appellant

against the common judgment and award dated 31.03.2015

passed by the learned Motor Accident Claims Tribunal

(Aux), 2nd Additional District Judge, Ahmedabad in MACP

No.957 of 1997 to 960 of 1957, 988 to 989 of 1997 and

1160 to 1161 of 1997. R/First Appeal No.1687 of 2015 is

NEUTRAL CITATION

C/FA/1687/2015 JUDGMENT DATED: 02/04/2025

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arising out of Motor Accident Claim Petition No.957 of

1997 and R/First Appeal No.1688 of 2015 is arising out of

Motor Accident Claim Petition No.958 of 1997.

2. Heard learned advocate Ms. E.Shailaja for the

appellants and learned advocate Mr. Sunil B. Parikh for

the respondent No.6. Though served, none appeared for

respondent No.5.

3. The learned Tribunal has after considering the

arguments of the learned advocates for the respective

parties awarded compensation of Rs.2,35,800/- and

Rs.2,64,300/- respectively with interest at the rate of 9%.

Considering the smallness of amount, this Court finds no

reason to interfere in the impugned judgment and award

passed by the learned Tribunal. The present First Appeals

stand disposed of. Notice/Notice of admission is

discharged. Interim relief, if any, stands vacated.

NEUTRAL CITATION

C/FA/1687/2015 JUDGMENT DATED: 02/04/2025

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4. 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.

5. Record and proceedings, if any, be sent back to the

concerned Court immediately.

6. Since the main Appeals are disposed of, Civil

Application/s pending, if any, would not survive and stand

disposed of accordingly. Rule/Notice in the Civil

Application/s, pending, if any, is discharged.

(D. M. DESAI,J) RINKU MALI