Gujarat High Court
The New India Assurance Company Ltd vs Hetalben W/O Bharatbhai Vitthalbhai ... on 26 November, 2025
NEUTRAL CITATION
C/FA/970/2022 ORDER DATED: 26/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 970 of 2022
With
R/CROSS OBJECTION NO. 226 of 2024
In
R/FIRST APPEAL NO. 970 of 2022
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THE NEW INDIA ASSURANCE COMPANY LTD
Versus
HETALBEN W/O BHARATBHAI VITTHALBHAI PADHARIYA & ANR.
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Appearance:
MR KRUTIK A PARIKH(7268) for the Appellant(s) No. 1
MR VISHAL C MEHTA(6152) for the Defendant(s) No. 2
MR KISHAN PRAJAPATI(7074) for the Defendant(s) No. 2
MR NISHIT A BHALODI(9597) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 26/11/2025
ORAL ORDER
ORDER IN FIRST APPEAL NO.970 OF 2022:
[1.0] Insurance Company is in First Appeal under section
173 of the Motor Vehicles Act, 1988. Challenge is made to the
judgment and award dated 11.08.2021 passed by the learned
Motor Accident Claim Claims Tribunal (Special), at Rajkot in
Motor Accident Claim Petition No.593 of 2014.
[2.0] Perusal of the judgment and award indicates that
Insurance Company has challenged the judgment and award
made to the tune of Rs.2,05,976/- to the victim of the road
accident.
[3.0] Heard learned advocates for the respective parties.
NEUTRAL CITATION
C/FA/970/2022 ORDER DATED: 26/11/2025
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[4.0] Since the amount involved in the First Appeal is less
than Rs.2,05,976/-, 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
that this First Appeal is disposed of only on the ground of award
of compensation being meager and small and less than
Rs.2,05,976/-. 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.2,05,976/-,
principle of res judicata shall not be applied to any other
proceedings arising from the same road accident or same
judgment and award.
[5.0] 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.
[6.0] 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
claimant after due verification by transferring the said amount to
the account of the claimant either by RTGS or NEFT mode.
NEUTRAL CITATION
C/FA/970/2022 ORDER DATED: 26/11/2025
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ORDER IN CROSS OBJECTION:
Learned advocate Mr. Nishit Bhalodi appearing for the
original claimant does not press the present cross-objection and
hence, Cross Objection No.226 of 2024 in First Appeal No.970 of
2022 stands disposed of as not pressed.
(HASMUKH D. SUTHAR, J.)
Ajay
