[Cites 1, Cited by 0]
Gujarat High Court
The United India Insurance Co. Ltd vs Parmar Rukhiben Wd/O. Gopibhai ... on 23 February, 2026
NEUTRAL CITATION
C/FA/4629/2023 ORDER DATED: 23/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4629 of 2023
With
R/FIRST APPEAL NO. 894 of 2024
With
R/FIRST APPEAL NO. 838 of 2024
With
R/FIRST APPEAL NO. 1448 of 2024
With
R/FIRST APPEAL NO. 3557 of 2022
With
R/FIRST APPEAL NO. 5000 of 2023
With
R/FIRST APPEAL NO. 379 of 2024
With
R/FIRST APPEAL NO. 116 of 2024
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THE UNITED INDIA INSURANCE CO. LTD.
Versus
PARMAR RUKHIBEN WD/O. GOPIBHAI BHIKHABHAI & ORS.
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR NIRAV K PADHIYAR(5678) for the Defendant(s) No. 5
MR VISHAL C MEHTA(6152) for the Defendant(s) No. 1,2,3
RULE SERVED for the Defendant(s) No. 4,6
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 23/02/2026
ORAL ORDER
[1.0] Insurance Company is in First Appeals under section
173 of the Motor Vehicles Act, 1988, details of which alongwith
corresponding respective Motor Accident Claim Petitions
alongwith amount of compensation awarded in respective claim
petitions is as under:
First Year Amount
Appeal No. MACP No. (Rs.)
4529 2023 82/2011 4,89,500
894 2024 55/2011 4,06,000
838 2024 152/2017 5,00,000
NEUTRAL CITATION
C/FA/4629/2023 ORDER DATED: 23/02/2026
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1448 2024 402/2018 4,35,000
3557 2022 556/2019 4,17,500
5000 2023 55/2018 4,86,900
379 2024 42/2016 4,15,812
116 2024 1106/2006 2,21,200
[2.0] Heard learned advocates for the respective parties.
[3.0] Since the amount involved in the present First
Appeals is small and meager, which falls under the category of
smallness, paying due regard to smallness of amount, this Court
is of the considered view that the First Appeals should be
disposed of as compensation awarded seems to be just and
reasonable and no interference is called for. It is hereby made
clear that these First Appeals are disposed of only on the ground
of award of compensation being meager and small. This Court
has not expressed any opinion on merits and question of law
raised in these First Appeals 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 respective judgment and award or
adjudication of any other claim petition arising from same road
accident. Since the First Appeals are disposed of only on the
ground of monetary value being small, without entering into
merits, principle of res judicata shall not be applied to any other
proceedings including cross-objections, if any, arising from the
same road accident or same judgment and award.
[4.0] In view of above, present First Appeals are dismissed.
NEUTRAL CITATION
C/FA/4629/2023 ORDER DATED: 23/02/2026
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Pending Civil Applications, if any, stands disposed of as having
become infructuous. No order as to costs.
[5.0] 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
respective original claimants after due verification by
transferring the said amount to the account of the respective
claimants either by RTGS or NEFT mode.
[6.0] Registry to maintain copy of this order in each
matter.
(HASMUKH D. SUTHAR, J.)
Ali
