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2025 DAILYLAW 8390 (GUJ)

GUJARAT STATE ROAD TRANSPORT CORPORATION v. HEIRS OF DECD. JAYESHBHAI @ JAYSUKHBHAI KANUBHAI @ KANJIBHAI

FA/2435/2013 · 2025-10-14

Mool Chand Tyagi

body2025

Judgment text

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C/FA/2435/2013 ORDER DATED: 14/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2435 of 2013 ========================================================== GUJARAT STATE ROAD TRANSPORT CORPORATION Versus HEIRS OF DECD. JAYESHBHAI @ JAYSUKHBHAI KANUBHAI @ KANJIBHAI & ORS. ========================================================== Appearance: MS HINA DESAI(1023) for the Appellant(s) No. 1 MR. HEMAL SHAH(6960) for the Defendant(s) No. 1.1,1.2 RULE SERVED for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 14/10/2025 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 passed by the Motor Accident Claims Tribunal. 2. At the outset, it deserves to be noted that challenge made by the insurer in this appeal is less than Rs.3,00,000/- or restricted to less than Rs.3,00,000/-. 3. Learned advocate for the appellant - Insurer fairly submitted that in view of the amount involved in this appeal has been less than Rs.3,00,000/-, this appeal may be disposed of in accordance with law. Page 1 of 2 C/FA/2435/2013 ORDER DATED: 14/10/2025 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. 3,00,000/- and having regard to the smallness of the amount, this Court is of the considered view that appeal deserves to be dismissed and accordingly it is 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. This order would not come in the way of adjudication of any other appeal pending against the same judgment and award or adjudication of any other claim petition arising out of same accident. Pending civil application/s, if any, stands disposed of as having become infructuous. No order as to costs. 5. Record & Proceedings of the Tribunal and amount, if 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 by transferring said amount/s to the account/s of claimant/s by RTGS or NEFT. (MOOL CHAND TYAGI, J) HARSHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: HARSHIT SANCHETI(HCD0070), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 14/10/2025 17:40:44