IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2453 of 2025 ========================================================== THE NEW INDIA ASSURANCE CO. LTD. Versus SATISHBHAI KRISHNAMURTI SHASTRI & ANR. ========================================================== Appearance: MR TANMAY B KARIA(6833) for the Appellant(s) No. 1 NOTICE SERVED for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/01/2026 ORAL ORDER [1.0] Insurance Company is in First Appeal under section 173 of the Motor Vehicles Act, 1988 challenging the impugned judgment and award dated 25.10.2024 passed by the learned Motor Accident Claims Tribunal (Auxi.), Ahmedabad (Rural) in MACP No.948/2005, whereby the learned Tribunal was pleased to partly allow the claim petition and awarded Rs.2,00,000/- towards compensation. [2.0] Heard learned advocate for the appellant. Though served, none appears for the respondent Nos.1 and 2. [3.0] Since the amount involved in the present First Appeal 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 Appeal should be disposed of as compensation awarded seems to be just and reasonable and no interference is called for. It is hereby made clear that these First Appeal is 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 Appeal is kept open to be urged in other proceedings which may arise from the same p. 2 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 Appeal is 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 Appeal is 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 original claimants after due veriEcation by transferring the said amount to the account of the respective original claimants either by RTGS or NEFT mode. (HASMUKH D. SUTHAR, J.) Ajay