Gujarat High Court
New India Assurance Co Ltd vs Kanubhai Jesangbhai Parmar on 12 November, 2025
NEUTRAL CITATION
C/FA/3737/2010 ORDER DATED: 12/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3737 of 2010
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NEW INDIA ASSURANCE CO LTD
Versus
KANUBHAI JESANGBHAI PARMAR & ORS.
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Appearance:
MS LILU K BHAYA(1705) for the Appellant(s) No. 1
GOVERNMENT PLEADER for the Defendant(s) No. 3
MR JIGAR G GADHAVI(5613) for the Defendant(s) No. 2
MR. YOGENDRA THAKORE(3975) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 12/11/2025
ORAL ORDER
1. Heard Ms. Geetanjali R, learned counsel appearing on
behalf of the appellant, Mr. Yogendra Thakore, learned
counsel appearing on behalf of respondent no.1 and Ms. Dixa
Pandya, learned AGP appearing on behalf of respondent no.3.
2. This present appeal has been filed by the appellant-
Insurance Company under Section 173 of the Motor Vehicles
Act, 1988 challenging the judgment and award dated
27.05.2010, passed by the learned Motor Accident Claims
Tribunal (Aux. II), Mehsana, in M.A.C.P. No. 526 of 2009,
whereby the learned Tribunal has partly allowed the Claim
Petition and awarded a sum of Rs.3,55,849/- along with
interest at the rate of 7.5% per annum, from the date of filing
of the Claim Petition till its realization, as compensation.
NEUTRAL CITATION
C/FA/3737/2010 ORDER DATED: 12/11/2025
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3. At the outset, it deserves to be noted that challenge
made by the Insurance Company in the instant appeal is less
than Rs.4,00,000/- or restricted to less than Rs.4,00,000/-.
4. Learned advocate for the appellant - Insurance Company
fairly submitted that in view of the amount involved in the
present appeal being less than Rs.4,00,000/-, this appeal may
be disposed of in accordance with law.
5. On perusal of the grounds urged in the appeal
memorandum and in view of the submission that amount
involved in this appeal is less than Rs. 4,00,000/-, and having
regard to the smallness of the amount involved, this Court is
of the considered view that the instant appeal deserves to be
dismissed and accordingly it is dismissed. The compensation
awarded by the learned Tribunal seems just and reasonable
and no interference is called for. It is clarified that this appeal
is disposed of only on the ground of smallness of the
compensation amount without expressing any opinion on
merits and question of law raised in the appeal is kept open to
be urged in appropriate appeal by the insurer. This order
would not come in the way of adjudication of any other appeal
pending against the same judgment and award or adjudication
of any other claim petition arising out of same accident.
Pending civil application, if any, stands disposed of as having
become infructuous. No order as to costs.
6. Record & Proceedings of the Tribunal and amount, if any
deposited in this appeal, is ordered to be transmitted by the
NEUTRAL CITATION
C/FA/3737/2010 ORDER DATED: 12/11/2025
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Registry of this Court to the jurisdictional court or Tribunal
forthwith, along with accrued interest if any. The entire award
amount be disbursed and released in favour of claimant after
due verification by transferring said amount to the account of
claimant by RTGS or NEFT.
(MOOL CHAND TYAGI, J)
ARUN
