C/FA/4008/2023 ORDER DATED: 19/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4008 of 2023 With R/FIRST APPEAL NO. 3881 of 2023 With R/FIRST APPEAL NO. 3879 of 2023 With R/FIRST APPEAL NO. 3520 of 2023 With R/FIRST APPEAL NO. 912 of 2023 With R/FIRST APPEAL NO. 3675 of 2025 With R/FIRST APPEAL NO. 3565 of 2025 With R/FIRST APPEAL NO. 2546 of 2025 With R/FIRST APPEAL NO. 1857 of 2025 With R/FIRST APPEAL NO. 1588 of 2025 With R/FIRST APPEAL NO. 1303 of 2025 With R/FIRST APPEAL NO. 429 of 2024 With R/FIRST APPEAL NO. 124 of 2024 ========================================================== IFFKO TOKIO GENERAL INSURANCE CO LTD Versus MADHUBEN HAMIRBHAI DETROJA & ORS. ========================================================== Appearance: MR. ALKESH N SHAH(3749) for the Appellant(s) No. 1 MR. HEMAL SHAH(6960) for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 5 RULE UNSERVED for the Defendant(s) No. 3,4 SERVED BY AFFIX. (R) for the Defendant(s) No. 2 ========================================================== 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 C/FA/4008/2023 ORDER DATED: 19/12/2025 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 Appeal No. Year MACP No. Amount (Rs.) 4008 2023 1261/2011 173250 3881 2023 475/2018 202000 3879 2023 342/2013 65800 3520 2023 2556/2017 403400 912 2023 20/2017 296500 3675 2025 214/2019 203020 3565 2025 247/2019 91166 2546 2025 90/2021 197800 1857 2025 241/2020 150000 1588 2025 224/2019 225/2019 273699 1303 2025 38/2023 39/2023 250000 429 2024 19/2010 200000 124 2024 48/2022 227000 [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 C/FA/4008/2023 ORDER DATED: 19/12/2025 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. 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 veriGcation 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.) 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 18:20:54