Hdfc Ergo General Insurance Co. Ltd vs Ratanben Arvindbhai Machhi
2025 Latest Caselaw 3178 Guj

Gujarat High Court

Hdfc Ergo General Insurance Co. Ltd vs Ratanben Arvindbhai Machhi on 18 February, 2025

                                                                                                                    NEUTRAL CITATION




                              C/FA/413/2025                                         ORDER DATED: 18/02/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 413 of 2025

                                                          With
                                       CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                            In R/FIRST APPEAL NO. 413 of 2025
                      ==========================================================
                                        HDFC ERGO GENERAL INSURANCE CO. LTD.
                                                      Versus
                                         RATANBEN ARVINDBHAI MACHHI & ANR.
                      ==========================================================
                      Appearance:
                      MR YOGI K GADHIA(5913) for the Appellant(s) No. 1
                      ==========================================================
                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                           Date : 18/02/2025

                                                            ORAL ORDER

1. Heard learned advocate Mr. Yogi K. Gadhia for

the Appellant.

2. The present appeal is preferred by the appellant against the judgment and award dated 25.10.2024 passed by

the learned Motor Accident Claims Tribunal, Karjan in MACP

No.119 of 2020 on various grounds.

3. The learned Tribunal has after considering the

arguments of the learned advocates for the respective parties

awarded compensation of Rs.1,19,725/- 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

NEUTRAL CITATION

C/FA/413/2025 ORDER DATED: 18/02/2025

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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 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 Tribunal/Court immediately.

6. The appellant is at liberty to revive the appeal in

case of difficulty. The disposal of the appeal will not come in the way of the appeal which might be filed by the claimants

for enhancement of the compensation.

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) MAYA