Gujarat High Court
Iffco Tokio General Insurance Co. Ltd vs Thakor (Khodaliya) Manguben Tarsangji on 19 June, 2025
NEUTRAL CITATION
C/FA/1008/2025 ORDER DATED: 19/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1008 of 2025
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
OF AMOUNT) NO. 1 of 2025
In R/FIRST APPEAL NO. 1008 of 2025
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IFFCO TOKIO GENERAL INSURANCE CO. LTD.
Versus
THAKOR (KHODALIYA) MANGUBEN TARSANGJI & ORS.
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
MR TANMAY B KARIA(6833) for the Defendant(s) No. 4
MR VISHAL C MEHTA(6152) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 3,5.1,5.2,5.3,5.4
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 19/06/2025
ORAL ORDER
1. Heard learned advocate Mr. Palak Thakkar, learned
advocate for the appellant, Mr. Vishal Mehta, learned
advocate for the respondents- original claimants and Mr.
Tanmay Karia, learned advocate for the respondent no.3-
Insurance Company.
2. Looking to the amount involved in the present appeal,
this Court is not inclined to interfere with the impugned
judgment and award. Hence, the appeal is not entertained and
is hereby dismissed.
3. At this stage, learned advocate for the appellant -
Insurance Company has submitted that by virtue of the
impugned judgment and award, the appellant Insurance
NEUTRAL CITATION
C/FA/1008/2025 ORDER DATED: 19/06/2025
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Company the driver of the offending vehicle of the appellant
Insurance Company is held negligent to the extent of 40% and
accordingly the appellant Insurance Company is held to pay
compensation to the extent of 40% of the awarded amount.
Thus, the liability of the appellant Insurance Company comes
around to Rs.2,70,240/- and at the stage of presentation of the
appeal, the amount of Rs.50,000/- has been deposited before
this Court at the stage of condonation of delay. He has
therefore, urged this Court to permit him to withdraw the
aforesaid deposited amount of Rs.50,000/- by the appellant
Insurance Company.
4. Mr. Vishal Mehta, learned advocate for the respondent
no.1- original claimant has objected to the aforesaid
submissions. As according to him, by virtue of the impugned
judgment and award, the appellant Insurance Company being
held liable to the extent of 40% and aforesaid amount being
forming part of the award amount. The same cannot be
accepted in view of the dismissal of the present appeal.
5. Considering the aforesaid submissions of the learned
advocate for the respective parties and having noted that the
appeal has been not entertained on the ground of smallness of
amount, this Court is inclined to consider the prayer of the
learned advocate for the appellant by directing withdrawal of
50% of the aforesaid deposited amount i.e. to the tune of
Rs.25,000/-. Registry is directed to refund Rs.25,000/- of the
deposited amount in favour of the appellant -Insurance
Company. Remaining amount of deposit i.e. Rs.25,000/- is
directed to be paid towards the compensation of the award
NEUTRAL CITATION
C/FA/1008/2025 ORDER DATED: 19/06/2025
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amount in favour of the original claimant. Let, aforesaid
exercise be undertaken by the Registry within a period of one
week from the date of receipt of this order.
6. In view of the dismissal of the appeal, the Tribunal is at
liberty to proceed with the release and disbursement of the
remaining award amount.
7. With the aforesaid observations, present appeal stands
dismissed. In view of the dismissal of the appeal, connected
Civil Application also stands disposed of.
(NISHA M. THAKORE,J)
RATHOD KAUSHIKSINH
