Gujarat High Court
Oriental Insurance Co Ltd (Hub) vs Heirs & Legal Representative Of ... on 10 January, 2025
NEUTRAL CITATION
C/FA/5179/2010 ORDER DATED: 10/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5179 of 2010
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ORIENTAL INSURANCE CO LTD (HUB)
Versus
HEIRS & LEGAL REPRESENTATIVE OF DECEASED BABUBHAI JETHSUR
& ORS.
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Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2,3,4,5,7
SERVED BY AFFIX. (R) for the Defendant(s) No. 6
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/01/2025
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. In total, learned Tribunal has awarded Rs.5,16,000/- with
9% from the date of petition till realization.
3. Present Insurance Company challenges its liability to pay
compensation and valuation of appeal for the purpose of court
fees is Rs.3,09,600/-. What could be noticed that the insurance
company restricted the claim in appeal below Rs.3,09,600/-.
This is a small and meager amount and considering the aspect of
having no dispute in regards to the road accident, I am of the
opinion that this appeal may not deserve consideration, more
particularly, on the ground of smallness of amount. Accordingly,
present first appeal stands dismissed.
NEUTRAL CITATION
C/FA/5179/2010 ORDER DATED: 10/01/2025
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4. It is made clear that present first appeal is dismissed on
account of smallness of the amount and the order passed by this
Court shall not be treated as precedent so as to say that this
Court has decided any issue on merit. The whole purpose to
dismiss the appeal on account of smallness of amount is with a
view to avoid hardship both physically and financially on the
part of the original claimant to appear and defend the case.
Therefore, this order shall not be cited as precedent in any
pending matters arising from same accident before any Court.
5. R & P, if any, to be sent back to the concerned Court
immediately. The appellant is at liberty to revive the appeal in
case of difficulty.
6. Consequently connected application/s, if any, also stands
disposed of. The learned Tribunal is directed to disburse the
entire amount to the claimant after due and proper verification.
While making the payment, the Tribunal shall deduct the courts
fees, if not paid, in accordance with rules/law.
7. Learned advocate Mr.Meena submitted that since
Insurance Company has deposited entire amount of
compensation including interest and cost at the time of filing of
this appeal, which is exceeding its liability to satisfy
compensation, in view of para 18 of judgment of Hon'ble Apex
Court in the case of Khenyei v/s. New India Assurance Company
Ltd. [2015 (9) SCC 273], the appellant is permitted to recover the
excess amount which is deposited from other wrong doer.
NEUTRAL CITATION
C/FA/5179/2010 ORDER DATED: 10/01/2025
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8. Since the appeal is dismissed on the ground of smallness
of amount, I permit the appellant - Oriental Insurance Co. Ltd.
to recover the amount which is deposited in excess of its liability
from other wrong doer by executing the award.
(J. C. DOSHI,J)
SATISH
