Gujarat High Court
New India Assurance Co. Ltd vs Narmadaben Wd/O Laxmanbhai Motibhai ... on 13 January, 2023
Author: Aravind Kumar
Bench: Aravind Kumar
C/FA/2337/2015 ORDER DATED: 13/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2337 of 2015
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NEW INDIA ASSURANCE CO. LTD.
Versus
NARMADABEN WD/O LAXMANBHAI MOTIBHAI GOHEL & 2 other(s)
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
for the Defendant(s) No. 2,3
MR.HIREN M MODI(3732) for the Defendant(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
Date : 13/01/2023
ORAL ORDER
1. This appeal has been filed by the insurer under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 24.08.2015 passed by the Motor Accident Claims Tribunal in MACP No.465 of 2000.
2. At the outset, it deserves to be noted that the amount awarded by the Tribunal is Rs.72,000/-.
3. I have heard the arguments of Mr. Palak Thakkar, learned advocate appearing for the appellant and learned Page 1 of 3 Downloaded on : Tue Jan 17 20:44:05 IST 2023 C/FA/2337/2015 ORDER DATED: 13/01/2023 advocate appearing for the respondent No.1. Mr. Thakkar Nanavati fairly submitted that in view of the smallness of the amount which has been awarded, the present appeal may be disposed of.
4. On perusal of the grounds urged in the appeal memorandum and in view of the submission that amount involved in this appeal is less than Rs. 1,00,000/- and having regard to the smallness of the amount, this Court is of the considered view that appeal deserves to be dismissed. The compensation awarded seems just and reasonable and no interference is called for. It is clarified, this appeal is disposed of only on the ground of smallness of the compensation amount without expressing any opinion on merits and question of law raised in the appeal is kept open to be urged in appropriate appeal by the insurer. Pending civil applications, if any, shall stand disposed of as having become infructuous. No order as to costs.
5. Record & Proceedings of the Tribunal and amount, if Page 2 of 3 Downloaded on : Tue Jan 17 20:44:05 IST 2023 C/FA/2337/2015 ORDER DATED: 13/01/2023 any deposited in this appeal, is ordered to be transmitted by the Registry of this Court to the jurisdictional court or Tribunal forthwith along with accrued interest if any. The entire award amount be disbursed and released in favour of claimant/s after due verification.
(ARAVIND KUMAR,CJ) AMAR SINGH Page 3 of 3 Downloaded on : Tue Jan 17 20:44:05 IST 2023