Gujarat High Court
New India Assurance Co Ltd vs Pravinbhai Natwarlal Patel on 11 November, 2025
NEUTRAL CITATION
C/FA/123/2020 JUDGMENT DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 123 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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NEW INDIA ASSURANCE CO LTD
Versus
PRAVINBHAI NATWARLAL PATEL & ORS.
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Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 3
FRESH RULE NOT RCVD BACK for the Defendant(s) No. 6
FRESH RULE THROUGH SPEED POST UNSERVED(44) for the
Defendant(s) No. 4
MR KARTIKEY P RAWAL(720) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 5
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 11/11/2025
ORAL JUDGMENT
1. The captioned appeal has been filed against the
impugned judgment and award dated 17.09.2019 passed by
the learned Motor Accident Claims Tribunal (Aux.),
Ahmedabad, in M.A.C.P. No. 778 of 2007, whereby the
learned Tribunal has partly allowed the claim petition and
awarded a sum of Rs.2,58,000/- (Rupees Two Lakh Fifty Eight
Thousand only) along with interest at the rate of 8% per
annum, from the date of filing of the Claim Petition till its
actual realization, as compensation.
2. At the outset, Mr. Rituraj M. Meena, learned counsel
appearing for the appellant-Insurance Company submitted
NEUTRAL CITATION
C/FA/123/2020 JUDGMENT DATED: 11/11/2025
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that the Truck bearing Registration No. MH-04-H-2704 was
not insured, and that the claimants have not supplied the
particulars of the insurance policy to the appellant. He further
contended that in the absence of any particulars of insurance
policy, the Insurance Company could not examine as to
whether the said Truck was duly insured or not. He further
contended that the impugned judgment and award is liable to
be set aside, as no liability could be fastened upon the
Insurance Company.
3. On the other hand, Mr. Kartikey P. Rawal, learned
advocate appearing on behalf of respondent nos.1& 2-Original
Claimants vehemently submitted that the Truck involved in
the accident was duly insured and that the Insurance Policy
had been proved at Exh.46. He further contended that there is
no substance in the present appeal. He also submitted that on
account of smallness of amount involved, the present appeal is
liable to be dismissed.
4. Having considered the submissions of the learned
counsels for the parties and having gone through the material
available on record, it is to be noted that the Truck bearing
Registration No. MH-04-H-2704 was involved in the accident.
The Insurance policy of the said Truck was proved by the
Original Claimants at Exh.46. On perusal of the particulars of
the insurance policy at Exh.46, it is evident that the said
Truck stands in the name of Mr. Gurmukhsingh Bojansingh
(respondent no.4 herein), and was insured for the period
NEUTRAL CITATION
C/FA/123/2020 JUDGMENT DATED: 11/11/2025
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commencing from 15.05.2007 to midnight of 14.05.2008,
which clearly covers the date of the accident. The appellant-
Insurance Company had charged a premium of Rs. 6,265/-.
The said insurance policy is very much legible and material
particulars such as name of the owner, Registration number,
Engine number, Chassis number, make of the vehicle, year of
manufacture and premium charged by the appellant-
Insurance Company can be read from the insurance policy.
Therefore, the plea raised by the Insurance Company that the
particulars of the policy are not legible is not sustainable and,
accordingly, the present appeal fails.
5. In view of the above observations, the captioned appeal
stands dismissed. The original claimants shall be at liberty to
withdraw the amount lying deposited with the concerned
learned Tribunal.
6. If any amount is lying deposited in the caption appeal
with the Registry of this Court, the same may be transmitted
to the learned Tribunal concerned. Records and Proceedings,
if any, be sent to the concerned learned Tribunal. No order as
to costs.
7. Pending application, if any, stands disposed of,
accordingly.
(MOOL CHAND TYAGI, J)
ARUN
