C/FA/325/2015 ORDER DATED: 18/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 325 of 2015 ========================================================== NATIONAL INSURANCE CO LTD Versus KIRITKUMAR GIRDHARBHAI AGHERA & ORS. ========================================================== Appearance: MR SUNIL B PARIKH(582) for the Appellant(s) No. 1 DENISH V MAVADHIYA(9207) for the Defendant(s) No. 1 MR RITURAJ M MEENA(3224) for the Defendant(s) No. 4 RULE SERVED for the Defendant(s) No. 2,3 RULE UNSERVED for the Defendant(s) No. 6 SERVED BY AFFIX(N) for the Defendant(s) No. 5 ========================================================== CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 18/11/2025 ORAL ORDER 1. The present First Appeal arises from the judgment and award passed in respect of the MAC Petition No.505/2000 dated 05.12.2014, whereunder, the learned Motor Accident Claims Tribunal (Auxiliary), Junagadh was pleased to award claim amount to the tune of Rs.3,36,000/- against the original opponents nos.1 to 4 and 6, whereas, the original opponent no.5, who is the owner of one of the vehicles, namely a truck bearing registration no. GJ- 10-U-3378 has been exonerated. 2. It appears that out of the total awarded amount of C/FA/325/2015 ORDER DATED: 18/11/2025 Rs. 3,36,000/-, half of the amount has already been honoured by the original opponent no.3 – Oriental Insurance Company Limited. 3. The present Appeal is only challenging the balanced amount of Rs.1,68,000/- along with the interest at the rate of 9% on the ground that the policy being “Liability Only Policy”, the risk of the pillion rider is not covered. 4. Heard learned advocate Mr. Sunil B Parikh appearing for appellant no.1. 5. What could be noticed that the insurance company claimed the amount to the tune of Rs. 1,68,000/-. This is a small and meager amount and considering the aspect of having no dispute in regards to the road accident, I am of the opinion that this appeal may not deserve consideration, more particularly, on the ground of smallness of amount. Accordingly, present first appeal stands dismissed. 6. It is made clear that present first appeal is dismissed on account of smallness of the amount and the order passed by this Court shall not be treated as precedent so as to say that this Court has decided any issue on merit. The whole purpose to C/FA/325/2015 ORDER DATED: 18/11/2025 dismiss the appeal on account of smallness of amount is with a view to avoid hardship both physically and financially on the part of the original claimant to appear and defend the case. Therefore, this order shall not be cited as precedent in any pending matters arising from same accident before any Court. 7. R & P, if any, to be sent back to the concerned Court immediately. 8. The appellant is at liberty to revive the appeal in case of difficulty. 9. Consequently connected application/s, if any, also stands disposed of. 10. The learned Tribunal is directed to disburse the entire amount to the claimant after due and proper verification. 11. While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law. (J. L. ODEDRA, J) RIYA VISHWAKARMA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RIYA VISHWAKARMA(HC02365), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 18/11/2025 14:18:42