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2025 DAILYLAW 7602 (GUJ)

THE ORIENTAL INSURANCE CO LTD v. JAYESHKUMAR BHEMAMBHAI MEGHWAL

FA/4946/2022 · 2025-12-19

Hasmukh D Suthar

body2025

Judgment text

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C/FA/681/2022 ORDER DATED: 19/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 681 of 2022 With R/FIRST APPEAL NO. 120 of 2024 With R/FIRST APPEAL NO. 2157 of 2024 With R/FIRST APPEAL NO. 1332 of 2023 With R/FIRST APPEAL NO. 3775 of 2023 With R/FIRST APPEAL NO. 1101 of 2024 With R/FIRST APPEAL NO. 901 of 2024 With R/FIRST APPEAL NO. 392 of 2024 With R/FIRST APPEAL NO. 340 of 2024 With R/FIRST APPEAL NO. 4970 of 2022 With R/FIRST APPEAL NO. 4063 of 2022 With R/FIRST APPEAL NO. 2720 of 2022 With R/FIRST APPEAL NO. 631 of 2023 With R/FIRST APPEAL NO. 632 of 2023 With R/FIRST APPEAL NO. 633 of 2023 With R/FIRST APPEAL NO. 634 of 2023 With R/FIRST APPEAL NO. 3599 of 2023 With R/FIRST APPEAL NO. 1693 of 2022 With R/FIRST APPEAL NO. 2544 of 2022 With R/FIRST APPEAL NO. 2688 of 2022 With R/FIRST APPEAL NO. 2521 of 2022 With R/FIRST APPEAL NO. 638 of 2023 C/FA/681/2022 ORDER DATED: 19/12/2025 With R/FIRST APPEAL NO. 1162 of 2023 With R/FIRST APPEAL NO. 26 of 2023 With R/FIRST APPEAL NO. 3309 of 2022 With R/FIRST APPEAL NO. 336 of 2024 With R/FIRST APPEAL NO. 4880 of 2023 With R/FIRST APPEAL NO. 4941 of 2022 With R/FIRST APPEAL NO. 4943 of 2022 With R/FIRST APPEAL NO. 4944 of 2022 With R/FIRST APPEAL NO. 4945 of 2022 With R/FIRST APPEAL NO. 4946 of 2022 With R/FIRST APPEAL NO. 315 of 2023 ========================================================== THE UNITED INDIA INSURANCE CO LTD Versus SAVITABEN MADHAVDAS HARIYANI & ORS. ========================================================== Appearance: MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1 MR RITURAJ M MEENA(3224) for the Defendant(s) No. 6 RULE SERVED for the Defendant(s) No. 3,4,5 UNSERVED EXPIRED (R) for the Defendant(s) No. 1,2,7 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/12/2025 COMMON 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 C/FA/681/2022 ORDER DATED: 19/12/2025 under: First Appeal No. Year MACP No. Amount (Rs.) 681 2022 321/2006 107100 120 2024 954/2018 262520 2157 2024 177/2020 159522 1332 2023 637/2017 128171 3775 2023 660/2011 169280 1101 2024 179/2019 268500 901 2024 77/2015 281500 392 2024 4165/2009 109000 340 2024 124/2016 90000 4970 2022 98/2006 134400 4063 2022 2116/2008 173560 2720 2022 1258/2009 125000 631 2023 674/2010 390000 632 2023 296/2018 287300 633 2023 297/2018 226800 634 2023 298/2018 290400 3599 2023 265/2015 167700 1693 2022 21/2018 275700 2544 2022 80/2018 259000 2688 2022 654/2014 273940 2521 2022 1371/2010 163600 638 2023 112/2016 227361 1162 2023 78/2018 300000 26 2023 1730/2004 235800 3309 2022 67/2016 297700 336 2024 238/2015 188047 C/FA/681/2022 ORDER DATED: 19/12/2025 4880 2023 422/2018 299550 4941 2022 180/2019 MAIN 329030 4943 2022 180/2019 48240 4944 2022 228/2019 153618 4945 2022 227/2019 173481 4946 2022 181/2019 153269 315 2023 12/2019 194100 [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. Page 4 of 5 C/FA/681/2022 ORDER DATED: 19/12/2025 [4.0] In view of above, present First Appeals are dismissed. 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 veriEcation by transferring the said amount to the account of the claimants either by RTGS or NEFT mode. [6.0] Registry to maintain copy of this order in each matter. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 19/12/2025 18:20:30