C/FA/4808/2023 ORDER DATED: 19/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4808 of 2023 With R/FIRST APPEAL NO. 2334 of 2023 With R/FIRST APPEAL NO. 861 of 2023 With R/FIRST APPEAL NO. 2531 of 2025 With R/FIRST APPEAL NO. 2530 of 2025 With R/FIRST APPEAL NO. 2158 of 2025 With R/FIRST APPEAL NO. 3737 of 2023 With R/FIRST APPEAL NO. 3739 of 2023 With R/FIRST APPEAL NO. 3251 of 2023 With R/FIRST APPEAL NO. 4652 of 2022 With R/FIRST APPEAL NO. 4335 of 2022 With R/FIRST APPEAL NO. 1924 of 2022 With R/FIRST APPEAL NO. 2686 of 2022 With R/FIRST APPEAL NO. 2681 of 2022 With R/FIRST APPEAL NO. 2455 of 2023 With R/FIRST APPEAL NO. 2454 of 2023 With R/FIRST APPEAL NO. 3658 of 2022 With R/FIRST APPEAL NO. 3130 of 2022 With R/FIRST APPEAL NO. 3128 of 2022 With R/FIRST APPEAL NO. 2614 of 2023 With R/FIRST APPEAL NO. 2521 of 2022 With R/FIRST APPEAL NO. 3740 of 2023 With R/FIRST APPEAL NO. 3261 of 2023 C/FA/4808/2023 ORDER DATED: 19/12/2025 With R/FIRST APPEAL NO. 2658 of 2023 With R/FIRST APPEAL NO. 1594 of 2024 With R/FIRST APPEAL NO. 985 of 2024 With R/FIRST APPEAL NO. 4517 of 2022 With R/FIRST APPEAL NO. 3974 of 2022 With R/FIRST APPEAL NO. 3487 of 2022 With R/FIRST APPEAL NO. 3610 of 2023 With R/FIRST APPEAL NO. 2456 of 2023 With R/FIRST APPEAL NO. 2902 of 2024 With R/FIRST APPEAL NO. 2131 of 2025 With R/FIRST APPEAL NO. 1245 of 2025 With R/FIRST APPEAL NO. 2761 of 2022 With R/FIRST APPEAL NO. 4017 of 2025 With R/FIRST APPEAL NO. 3190 of 2025 With R/FIRST APPEAL NO. 3184 of 2025 With R/FIRST APPEAL NO. 3581 of 2024 With R/FIRST APPEAL NO. 3273 of 2024 With R/FIRST APPEAL NO. 2157 of 2025 With R/FIRST APPEAL NO. 50 of 2023 With R/FIRST APPEAL NO. 51 of 2023 With R/FIRST APPEAL NO. 2680 of 2022 With R/FIRST APPEAL NO. 2096 of 2022 With R/FIRST APPEAL NO. 372 of 2024 With C/FA/4808/2023 ORDER DATED: 19/12/2025 R/FIRST APPEAL NO. 367 of 2024 With R/FIRST APPEAL NO. 363 of 2024 With R/FIRST APPEAL NO. 63 of 2024 With R/FIRST APPEAL NO. 4871 of 2023 With R/FIRST APPEAL NO. 4555 of 2023 With R/FIRST APPEAL NO. 1940 of 2023 With R/FIRST APPEAL NO. 1492 of 2023 With R/FIRST APPEAL NO. 3642 of 2023 ========================================================== ICICI LOMBARD GENERAL INSURANCE COMP LTD Versus KOKUBEN LILABHAI DHAGOL RABARI & ORS. ========================================================== Appearance: MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1 MR HENIL M SHAH(10677) for the Defendant(s) No. 1,2,3,5 RULE SERVED for the Defendant(s) No. 7 UNSERVED EXPIRED (N) for the Defendant(s) No. 4,6 ========================================================== 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 under: First Appeal No. Year MACP No. Amount (Rs.) 4808 2023 163/2018 409490 2334 2023 828/2016 278800 861 2023 1082/2014 258820 C/FA/4808/2023 ORDER DATED: 19/12/2025 2531 2025 1323/2018 138000 2530 2025 1322/2018 1370000 2158 2025 21/2019 220600 3737 2023 19/2019 209500 3739 2023 66/2018 234500 3251 2023 143/2009 291400 4652 2022 70/2018 210500 4335 2022 490/2010 290000 1924 2022 235/2016 159600 2686 2022 16/2015 300000 2681 2022 191/2017 500000 2455 2023 1655/2017 100000 2454 2023 1654/2017 100000 3658 2022 400/2015 265972 3130 2022 82/2018 164240 3128 2022 378/2010 100440 2614 2023 1011/2010 292500 2521 2022 1371/2010 163100 3740 2023 93/2018 53000 3261 2023 44/2018 399000 2658 2023 1827/2010 204500 1594 2024 77/2004 276780 985 2024 434/2010 283010 4517 2022 60/2016 122540 3974 2022 2927/2017 400000 3487 2022 1932/2011 500000 3610 2023 138/2017 257460 2456 2023 1656/2017 100000 2902 2024 32/2018 292760 C/FA/4808/2023 ORDER DATED: 19/12/2025 2131 2025 194/2020 160504 1245 2025 93/2018 269250 2761 2022 1215/2017 112433 4017 2025 13/2023 230848 3190 2025 1318/2013 149790 3184 2025 1319/2013 111074 3581 2024 02/2018 271938 3273 2024 1165/2013 183200 2157 2025 118/2019 218520 50 2023 344/2013 MAIN 164000 51 2023 247/2013 124000 2680 2022 32/2021 181850 2096 2022 705/2012 290500 372 2024 433/2017 149960 367 2024 422/2017 165870 363 2024 800/2017 171821 63 2024 49/2022 50000 4871 2023 290/2019 50000 4555 2023 544/2017 25000 1940 2023 1157/1997 247000 1492 2023 346/2013 256000 3642 2023 264/2015 272500 [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 C/FA/4808/2023 ORDER DATED: 19/12/2025 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 veriEcation by transferring the said amount to the account of the respective original 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 22/12/2025 13:16:20