[Cites 2, Cited by 0]
Gujarat High Court
The Oriental Insurance Co Ltd vs Vanuben Wd/O Dazabhai Bhikhabhai Patel on 28 November, 2025
NEUTRAL CITATION
C/FA/512/2022 JUDGMENT DATED: 28/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 512 of 2022
With
R/CROSS OBJECTION NO. 190 of 2022
In
R/FIRST APPEAL NO. 512 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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THE ORIENTAL INSURANCE CO LTD
Versus
VANUBEN WD/O DAZABHAI BHIKHABHAI PATEL & ORS.
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Appearance:
MR VC THOMAS(5476) for the Appellant(s) No. 1
DECEASED LITIGANT for the Defendant(s) No. 8
MR VISHAL C MEHTA(6152) for the Defendant(s) No. 1,2,3,4
MR. HARSH K THAKAR(7172) for the Defendant(s) No. 6,7
RULE SERVED for the Defendant(s) No. 9
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 28/11/2025
ORAL JUDGMENT
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 10.01.2019 passed by the learned Motor Accident
Claims Tribunal (Auxi.), Banaskantha at Deodar in Motor Accident
Claim Petition No.571 of 2015 (Old MACP No.2237 of 2009 and
MACP No.428 of 2001).
2) Perusal of the judgment and award indicates that Insurance
Company has challenged the judgment and award made to the tune
of Rs.1,00,000/- to the victim of the road accident.
NEUTRAL CITATION
C/FA/512/2022 JUDGMENT DATED: 28/11/2025
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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
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) Further, considering the controversy and cross objections filed by
the applicants - original respondent nos.1 and 2, it appears that
the deceased was third party and for that it was the case of
composite negligence while the learned Tribunal has made
apportionment for liability as 30% to the appellant and 70% to the
driver and owner of another offending Maruti Car i.e. respondent
nos.6 and 7 herein. In view of Khenyei Vs New India Assurance
Co. Ltd., & Ors, reported in (2015) 9 Supreme Court Cases
273, in case of composite negligence the claimant being third party
he has right to recover the amount of the compensation awarded
from any tortfeasor and if any of the tortfeasor is satisfied with the
NEUTRAL CITATION
C/FA/512/2022 JUDGMENT DATED: 28/11/2025
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said order then one tortfeasor has right to recover the amount from
another tortfeasor on whose behalf he has made the payment of
said compensation and another tortfeasor owes the compensation
to the tortfeasor who has already paid the compensation on his
behalf. In view of Khenyei (supra) para 18(iv) reads as under :
"(iv) It would not be appropriate for the court/tribunal to
determine the extent of composite negligence of the drivers
of two vehicles in the absence of impleadment of other joint
tort feasors. In such a case, impleaded joint tort feasor
should be left, in case he so desires, to sue the other joint
tort feasor in independent proceedings after passing of the
decree or award."
6) It is needless to say that in view of above judgment the Insurance
Company has right to recover the amount without filing
independent proceedings against the owner and driver of offending
vehicle Maruti Car i.e. respondent nos.6 and 7 - original opponent
nos.1 and 2.
7) With the aforesaid directions the First Appeal is disposed of being
dismissed and Cross Objections also stands disposed of. Pending
Civil Applications, if any, stands disposed of as having become
infructuous. No order as to costs.
8) 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
