Gujarat High Court
Tata Aig Gen Ins Co Ltd vs Minor Charvi Rajeshkumar Chandak ... on 21 November, 2025
NEUTRAL CITATION
C/FA/1491/2025 ORDER DATED: 21/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1491 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/FIRST APPEAL NO. 1491 of 2025
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TATA AIG GEN INS CO LTD
Versus
MINOR CHARVI RAJESHKUMAR CHANDAK THROUGH HER FATHER
RAJESHKUMAR SEEMABEN CHANDAK & ORS.
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Appearance:
MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1
MR CHIRAYU A MEHTA(3256) for the Defendant(s) No. 4
MR GC MAZMUDAR(1193) for the Defendant(s) No. 6
MR HG MAZMUDAR(1194) for the Defendant(s) No. 6
NOTICE SERVED for the Defendant(s) No. 2,3,5,7.1,7.2,7.3
NOTICE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/11/2025
ORAL ORDER
1) Insurance Company is in First Appeal under section 173 of the
Motor Vehicles Act, 1988. Challenge is made to the judgment and
award dated 09.01.2025 passed by the learned Motor Accident
Claims Tribunal (4th Auxi.), at Banaskantha at Palanpur in Motor
Accident Claim Petition No.320 of 2019.
2) Perusal of the judgment and award indicates that Insurance
Company has challenged the judgment and award made to the tune
of Rs.80,000/- to the victim of the road accident.
3) Heard learned advocates for the respective parties.
4) Since the amount involved in the First Appeal is less than
Rs.1,00,000/-, paying due regard to smallness of amount, this
Court is of the considered view that the First Appeal should be
disposed of as compensation awarded seems to be just and
reasonable and no interference is called. It is hereby made clear
NEUTRAL CITATION
C/FA/1491/2025 ORDER DATED: 21/11/2025
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that this First Appeal is disposed of only on the ground of award of
compensation being meager and small and less than Rs.1,00,000/-.
This Court has not expressed any opinion on merits and question of
law raised in this First Appeal and is kept open to be urged in other
proceedings which may arise from the same road accident / same
judgment and award. It is made clear that this order will not come
in the way of adjudication of any other First Appeal pending against
same judgment and award or adjudication of any other claim
petition arising from same road accident. Since the First Appeal is
disposed of only on the contention of monetary value being less
than Rs.1,00,000/-, principle of res judicata shall not be applied to
any other proceedings arising from the same road accident or same
judgment and award.
5) In view of above, the First Appeal is dismissed. Pending Civil
Applications, if any, stands disposed of as having become
infructuous. No order as to costs.
6) Record and Proceedings and amount, if any lying before this Court
is ordered to be transmitted to the concerned Tribunal forthwith
along with accrued interest, if any. The entire awarded amount be
disbursed and released in favour of the claimants after due
verification by transferring the said amount to the account of the
claimants either by RTGS or NEFT mode.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
