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2026 DAILYLAW 277 (GUJ)

ORIENTAL INSURANCE COMPANY v. MANGALSINH GEMABHAI BARIA

SCA/4615/2026 · 2026-04-02

Hemant M Prachchhak

body2026

Judgment text

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C/SCA/4615/2026 ORDER DATED: 02/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4615 of 2026 ========================================================== ORIENTAL INSURANCE COMPANY Versus MANGALSINH GEMABHAI BARIA & ORS. ========================================================== Appearance: MR DAKSHESH MEHTA(2430) for the Petitioner(s) No. 1 MR. YOGESH I PARMAR(6981) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 02/04/2026 ORAL ORDER 1. Present petition is filed by the petitioner under Article 227 of the Constitution of India r/w the provisions of the Consumer Protection Act, 1986 and subsequent amendments challenging the impugned award dated 19.7.2025 passed by the Motor Accident Claim Tribunal, (Main), Panchmahal at Godhra in Motor Accident Claim Petition No.70 of 2023. 2. Mr. Mehta, learned counsel for the petitioner submits that the name of Mr. Yogesh Parmar, learned advocate is wrongly mentioned in the cause list on behalf of the petitioners and therefore, the same may be deleted from C/SCA/4615/2026 ORDER DATED: 02/04/2026 the record. 3. In view of the above submission, registry is directed to delete the name of Mr. Yogesh Parmar, learned counsel for the petitioner from the record. 4. Though various grounds have been raised in the memo of petition, the fact remains that the total amount involved in the petition is very small amount. Considering the smallness of amount, this Court is of the opinion that the petition is not required to be entertained. Accordingly, only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other petitions arising out of the same accident, the petition is dismissed. However, there shall be no order as to costs. 5. The awarded amount, if deposited by the appellant before the learned Tribunal, the same shall be disbursed in favour of respondents along with interest if any, accrued on it, after due verification within period of eight weeks from the date of receipt of copy of present order. It C/SCA/4615/2026 ORDER DATED: 02/04/2026 is clarified that this Court has not entered into the merits of the case. 6. Pending civil application/s, if any, shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith. (HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/04/2026 17:06:24