IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4738 of 2023 With R/FIRST APPEAL NO. 4739 of 2023 ========================================================== UNITED INDIA INSURANCE COMPANY LTD Versus TAUFIKMIYA YAKUBMIYA SHEIKH & ANR. ========================================================== Appearance: MASUMI V NANAVATY(9321) for the Appellant(s) No. 1 MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 RULE SERVED for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 05/02/2026 COMMON ORAL ORDER (1) Insurance Company is in First Appeals under section 173 of the Motor Vehicles Act, 1988. Challenge is made to the judgment and award passed by the learned Motor Accident Claims Tribunal Ahmedabad Rural, in Motor Accident Claim Petitions No.141 of 2013 and 135 of 2013. (2) Perusal of the judgment and award indicates that Insurance Company has challenged the judgment and award made to the victim of the road accident. (3) Heard learned advocates for the respective parties. (4) Since the amount involved in the First Appeals is meagers, paying due regard to smallness of amount, this Court is of the considered view that the First Appeals should be disposed of as compensation awarded seems to be just and reasonable and no interference is called. It is hereby made clear that this First Appeals are 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 this First Appeals and are kept open to be p. 1 urged in other proceedings which may arise from the same 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 Appeals pending against same judgment and award or adjudication of any other claim petition arising from same road accident. Since the First Appeals are disposed of only on the contention of monetary value being small, principle of res judicata shall not be applied to any other proceedings arising from the same road accident or same judgment and award. (5) In view of above, the First Appeals are dismissed. Pending Civil Application, if any, stands disposed of as having become infructuous. No order as to costs. (6) 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 claimants after due veri3cation by transferring the said amount to the account of the claimants either by RTGS or NEFT mode. (HASMUKH D. SUTHAR,J) SUCHIT p. 2 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 05/02/2026 14:22:58