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2026 DAILYLAW 5536 (GUJ)

THE ORIENTAL INSURANCE CO LTD v. CHIRAGBHAI PARSOTTAMBHAI PATANI

FA/1644/2021 · 2026-02-12

Mool Chand Tyagi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1647 of 2021 With R/FIRST APPEAL NO. 1640 of 2021 With R/FIRST APPEAL NO. 1644 of 2021 ========================================================== THE ORIENTAL INSURANCE CO LTD Versus CHIRAGBHAI PARSOTTAMBHAI PATANI ========================================================== Appearance: MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1 MR MOHSIN M HAKIM(5396) for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 2,3 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR Date : 07/02/2023 ORAL ORDER 1. These appeals have 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 these appeals is less than Rs.1,00,000/- or restricted to less than Rs.1,00,000/-. p. 2 3. I have heard the learned advocates appearing for the parties. Learned advocate appearing for the respective appellant - Insurer fairly submitted that in view of the amount involved in these appeals has been less than Rs.1,00,000/-, these appeals may be disposed of in accordance with law. 4. On perusal of the grounds urged in the appeals memorandum and in view of the submission that amount involved in these appeals is less than Rs. 1,00,000/- and having regard to the smallness of the amount, this Court is of the considered view that appeals deserve to be dismissed and accordingly they are dismissed. The compensation awarded seems just and reasonable and no interference is called for. It is clarified, these appeals are 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 appeals 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 p. 3 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 these appeals, are 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. (ARAVIND KUMAR,CJ) AMAR SINGH