NEW INDIA ASSURANCE CO LTDversusKALUBHAI VIRABHAI BELDAR OD
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The appeal is dismissed because the compensation amount is meager, without addressing the merits of the case.
Summary
New India Assurance Co Ltd filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a judgment and award of Rs.1,37,200 granted by the Motor Accident Claims Tribunal, Surendranagar, to the victims of a road accident. The High Court examined the appeal but noted that the amount involved was modest. It held that the compensation award was just and reasonable and therefore declined to interfere on the merits. The court expressly disposed of the appeal solely on the ground of the small monetary value, without expressing any opinion on the legal questions raised. Consequently, the appeal was dismissed, and the award was ordered to be transmitted to the tribunal for disbursement to the claimants.
Issues considered
- Whether a first appeal under section 173 of the Motor Vehicles Act can be dismissed solely on the basis of the modest quantum of compensation awarded.
- Whether the principle of res judicata applies to other proceedings arising from the same road accident and the same judgment.
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
Judgment
C/FA/1349/2022 ORDER DATED: 07/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1349 of 2022
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NEW INDIA ASSURANCE CO LTD
Versus
KALUBHAI VIRABHAI BELDAR OD & ORS.
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/01/2026
ORAL ORDER
1) Insurance Company is in First Appeal under section 173 of the Motor
Vehicles Act, 1988. Challenge is made to the judgment and award dated
30.12.2021 passed by the learned Motor Accident Claims Tribunal (Main),
Surendranagar, in Motor Accident Claim Petition No.12 of 2017.
2) Perusal of the judgment and award indicates that Insurance Company
has challenged the judgment and award made to the tune of Rs.1,37,200/-
to the victim of the road accident.
3) Heard learned advocates for the respective parties.
4) Since the amount involved in the First Appeal is meager , 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. It is hereby made clear
that this 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 this First Appeal and is kept
open to be urged in other proceedings which may arise from the same road
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C/FA/1349/2022 ORDER DATED: 07/01/2026
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 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
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 Appeal is 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 verification by transferring the
said amount to the account of the claimants either by RTGS or NEFT mode.
(HASMUKH D. SUTHAR,J)
SUCHIT
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 07/01/2026 14:42:44
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