Gujarat High Court
United India Insurance Co vs Rajabhai Kanjibhai Harijan on 6 May, 2025
NEUTRAL CITATION
C/FA/4149/2009 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4149 of 2009
With
R/FIRST APPEAL NO. 4150 of 2009
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UNITED INDIA INSURANCE CO
Versus
RAJABHAI KANJIBHAI HARIJAN & ORS.
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
MR DIPAK R DAVE(1232) for the Defendant(s) No. 7
MR HIMANSU M PADHYA(1611) for the Defendant(s) No. 1,2,3,4,5
SERVED BY AFFIX. (R) for the Defendant(s) No. 6
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 06/05/2025
COMMON ORAL ORDER
1. The captioned First Appeals are preferred by the
appellant - Insurance Company against the common
judgment and award dated 18.10.2008 passed by the
learned Motor Accident Claims Tribunal (Aux.), Fast Track
Court No.3, Palanpur in MACP Nos.279 of 1992 and 280
of 1992 on various grounds.
2. Heard learned advocate Mr.G.C.Mazmudar for
the appellant, learned advocate Ms.Nidhi Trivdei for
NEUTRAL CITATION
C/FA/4149/2009 ORDER DATED: 06/05/2025
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learned advocate Mr.Dipak Dave for respondent No.7 and
learned advocate Mr.Himanshu Padhya for respondent
Nos.3 to 6.
submitted that the amount which has been deposited by
the Insurance Company before the learned Tribunal has
not be withdrawn till today and the same is lying with the
learned Tribunal in a Fixed Deposit.
4. Learned advocate for respondent No.7 has
submitted that, in compliance of the order dated
28.03.2025 passed by this Court, an amount of Rs.30,000/-
(Rs.15,000/- for each in captioned First Appeals) has been
deposited before the concerned Tribunal. A copy of receipt
is placed on record. The same is taken on record. It is
further submitted that the said amount be refunded to the
Insurance Company.
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C/FA/4149/2009 ORDER DATED: 06/05/2025
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5. The learned Tribunal after considering the
arguments of the learned advocates for the respective
parties, awarded compensation of Rs.1,94,200 and
Rs.1,69,000/- in MACP No.279 of 1992 and MACP No.280
of 1992 respectively with interest at the rate of 9% per
annum from the date of application till 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 captioned First
Appeals stand disposed of. Notice/Notice of admission is
discharged. Interim relief, if any, stands vacated.
6. It is clarified that the amount of Rs.30,000/-
(Rs.15,000/- for each in captioned First Appeals) be paid
to the Insurance Company after following due procedure of
law.
7. 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/4149/2009 ORDER DATED: 06/05/2025
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of the matters connected to the accident in question vis-a-
vis the impugned judgment and award.
8. Record and proceedings, if any, be sent back to
the concerned Court immediately.
9. 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)
MANOJ
