New United India Insurance Co. Ltd vs Jivtiben Savjibhai Bajaniya
2025 Latest Caselaw 3138 Guj

Gujarat High Court

New United India Insurance Co. Ltd vs Jivtiben Savjibhai Bajaniya on 17 February, 2025

                                                                                                              NEUTRAL CITATION




                             C/FA/2573/2015                                 JUDGMENT DATED: 17/02/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                 R/FIRST APPEAL NO. 2573 of 2015

                                                             With
                                                R/CROSS OBJECTION NO. 17 of 2016
                                                               In
                                                 R/FIRST APPEAL NO. 2573 of 2015

                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE DEVAN M. DESAI

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                                    Approved for Reporting                  Yes           No
                                                                                          ✓
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                                              NEW UNITED INDIA INSURANCE CO. LTD.
                                                              Versus
                                               JIVTIBEN SAVJIBHAI BAJANIYA & ORS.
                       ================================================================
                       Appearance:
                       ADVOCATE NOTICE SERVED for the Appellant(s) No. 1
                       KAASH K THAKKAR(7332) for the Defendant(s) No. 1
                       MS ASHLESHA M PATEL(6127) for the Defendant(s) No. 2
                       RULE SERVED for the Defendant(s) No. 3
                       ================================================================
                          CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                        Date : 17/02/2025
                                                        ORAL JUDGMENT

ORDER IN FIRST APPEAL:-

1. The present First Appeal is filed challenging the

judgment and award dated 29.11.2011 passed by the

learned Motor Accident Claims Tribunal, (Aux.), Patan in

MACP No.251 of 2007 and order dated 04.07.2015 passed

NEUTRAL CITATION

C/FA/2573/2015 JUDGMENT DATED: 17/02/2025

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by learned Motor Accident Claims Tribunal, (Aux.), Patan

in M.A.C. Review Application No.1 of 2014 on various

grounds.

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.2,26,000/- with

proportionate costs and interest at the rate of 9.5% 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.

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C/FA/2573/2015 JUDGMENT DATED: 17/02/2025

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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, 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.

Order in R/Cross Objection No. 17 of 2016 in R/First Appeal No.2573 of 2015:-

Stand over to 28.02.2025.

(D. M. DESAI,J) RINKU MALI