Oriental Insurance Co Ltd vs Ishwarbhai Melabhai Bhat
2026 Latest Caselaw 210 Guj

Gujarat High Court

Oriental Insurance Co Ltd vs Ishwarbhai Melabhai Bhat on 22 January, 2026

                                                                                                                   NEUTRAL CITATION




                            C/FA/4006/2022                                       JUDGMENT DATED: 22/01/2026

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                             R/FIRST APPEAL NO. 4006 of 2022


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                      ==============================================

                                    Approved for Reporting                       Yes           No

                      ==============================================
                                          ORIENTAL INSURANCE CO LTD
                                                     Versus
                                      ISHWARBHAI MELABHAI BHAT & ORS.
                      ==============================================
                      Appearance:
                      MR TANMAY B KARIA(6833) for the Appellant(s) No. 1
                      MR.HIREN M MODI(3732) for the Defendant(s) No. 1,2
                      RULE SERVED for the Defendant(s) No. 4,5
                      RULE UNSERVED for the Defendant(s) No. 3
                      ==============================================

                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                        Date : 22/01/2026

                                                          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 21.10.2021 passed by the learned Motor Accident

Claims Tribunal (Auxi.), Tharad in Motor Accident Claim Petition

No.130 of 2018.

2) Perusal of the judgment and award indicates that Insurance

Company has challenged the judgment and award made to the tune

of Rs.3,56,500/- 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 small and meagre,

NEUTRAL CITATION

C/FA/4006/2022 JUDGMENT DATED: 22/01/2026

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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. 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, 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