United India Insurance Company Limited vs Amrutbhai Shankerbhai Makwana
2025 Latest Caselaw 6254 Guj

Gujarat High Court

United India Insurance Company Limited vs Amrutbhai Shankerbhai Makwana on 2 September, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                               NEUTRAL CITATION




                              C/FA/2666/2016                                    ORDER DATED: 02/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 2666 of 2016

                       ================================================================
                                        UNITED INDIA INSURANCE COMPANY LIMITED.
                                                          Versus
                                        AMRUTBHAI SHANKERBHAI MAKWANA & ANR.
                       ================================================================
                       Appearance:
                       MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
                       MR.HIREN M MODI(3732) for the Defendant(s) No. 1
                       URJA B DAVE(7461) for the Defendant(s) No. 2
                       ================================================================

                         CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                               and
                               HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

                                                            Date : 02/09/2025

                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. The present appeal is filed by the appellant-Insurance

Company against judgment and award dated 30.07.2016 passed by

the Motor Accident Claims Tribunal, Ahmedabad (Rural) in MACP

No.624 of 2005, wherein, against the claim of the respondent-

claimant to the tune of Rs.21,00,000/-, the Tribunal has awarded an

amount of Rs.3,15,000/-.

2. It appears that the present appeal is preferred by the

Insurance Company, whereas the claimant has not preferred any

appeal.

3. Considering the smallness of the awarded amount

NEUTRAL CITATION

C/FA/2666/2016 ORDER DATED: 02/09/2025

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towards compensation and the headings under which the amount of

compensation is granted, the appeal, even if considered on merits,

will have law effect in terms of compensation. The Court is

therefore inclined to dismiss the appeal on smallness of financial

effect that the appeal may have. The Court also finds from the

pleadings that no contention is raised on the law point which will

have effect on the litigation faced by the Insurance Company.

4. In view of the aforesaid, the appeal stands disposed of

as the same is not decided on merits and the same be not treated

as precedent. R & P be sent back to the concerned Tribunal.

(A.Y. KOGJE, J)

(NSSG,J) SHITOLE