National Insurance Company Ltd vs Legal Heirs Of Decd. Yunusbhai ...
2025 Latest Caselaw 3137 Guj

Gujarat High Court

National Insurance Company Ltd vs Legal Heirs Of Decd. Yunusbhai ... on 17 February, 2025

                                                                                                               NEUTRAL CITATION




                             C/FA/2115/2016                                  JUDGMENT DATED: 17/02/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                 R/FIRST APPEAL NO. 2115 of 2016


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE DEVAN M. DESAI

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                                    Approved for Reporting                   Yes           No
                                                                                           ✓
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                                       NATIONAL INSURANCE COMPANY LTD.
                                                     Versus
                            LEGAL HEIRS OF DECD. YUNUSBHAI GAFARBHAI BHUVAR & ORS.
                       ==========================================================
                       Appearance:
                       MASUMI V NANAVATY(9321) for the Appellant(s) No. 1
                       MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
                       DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
                       for the Defendant(s) No. 1
                       MR TUSHAR L SHETH(3920) for the Defendant(s) No. 1.1,1.2
                       RULE SERVED for the Defendant(s) No. 2
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                         Date : 17/02/2025

                                                        ORAL JUDGMENT

1. The present First Appeal is filed challenging the

judgment and award dated 17.06.2016 passed by the

learned Motor Accident Claims Tribunal, (Aux.), Junagadh

in MACP No.24 of 2002 on various grounds.

NEUTRAL CITATION

C/FA/2115/2016 JUDGMENT DATED: 17/02/2025

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2. Heard learned advocate Mr. Vibhuti Nanavati for the

appellant and learned advocate Mr. Tushar L. Sheth for

the respondent Nos.1.1 and 1.2. Though served, none

appeared for respondent No.2.

3. The learned Tribunal has after considering the

arguments of the learned advocates for the respective

parties awarded compensation of Rs.2,46,400/- with

proportionate costs and interest at the rate of 9% per

annum from the date of the petition till its realization.

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 disposed of. 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

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C/FA/2115/2016 JUDGMENT DATED: 17/02/2025

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of the matters connected to the accident in question vis-a-

vis the impugned judgment and award.

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

to the concerned Court immediately.

6. The appellant is at liberty to revive the appeal

in case of any difficulty.

7. Since the main Appeal is 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