Gujarat High Court
National Insurance Co Ltd vs Dalsukhbhai @ Dalabhai Dhirabhai Khant on 24 April, 2025
NEUTRAL CITATION
C/FA/1218/2025 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1218 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/FIRST APPEAL NO. 1218 of 2025
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NATIONAL INSURANCE CO LTD
Versus
DALSUKHBHAI @ DALABHAI DHIRABHAI KHANT & ORS.
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 24/04/2025
ORAL ORDER
1. The present appeal is preferred by the appellant against the
common judgment and award dated 05.08.2024 passed by the
learned Motor Accident Claims Tribunal (Auxi.) & 5 th
Additional District Judge, Ahmedabad in MACP No498 of 2013
on various grounds.
2. Heard learned advocate Mr. Palak H. Thakkar for the
appellant.
3. Learned advocate for the appellant has submitted that
claim petition was allowed by learned Tribunal by holding that
driver of Tractor bearing Registration No.GJ-LQ-1906 attached
NEUTRAL CITATION
C/FA/1218/2025 ORDER DATED: 24/04/2025
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with a trolley bearing registration No.GJ-1-CX-2686 is
negligent to the extent of 80% and driver of car bearing
Registration No.GJ-KF-8237 is negligent to the extent of 20% in
causing the accident. Learned Tribunal partly allowed the claim
petition granting compensation of Rs.8,66,000/- with
proportionate costs and interest @ 9% interest per annum from
the date of filing claim application till realization. It is further
submitted that the challenge in the present First Appeal by the
Insurance Company is on the ground of policy being an act
policy and on the ground of negligence. Insurance Company has
wrongly been held liable for the compensation. However, it
appears that from the impugned judgment and award that
liability of the present appellant is to the extent of Rs.1,73,200/-.
3. The learned Tribunal has after considering the arguments
of the learned advocates for the respective parties awarded
compensation of Rs. 1,73,200/- with @ 9% interest per annum
from the date of filing claim application till realization.
NEUTRAL CITATION
C/FA/1218/2025 ORDER DATED: 24/04/2025
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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 Appeal stands dismissed.
Notice/Notice of admission is discharged. Interim relief, if any,
stands vacated.
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 Appeal is dismissed, 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
