NATIONAL INSURANCE COMPANY LIMITEDversusMANUBA GEMALSANG ALIAS GEMALSINH RANA

      C/FA/1383/2022                                JUDGMENT DATED: 22/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 1383 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

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       Approved for Reporting Yes    No

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              NATIONAL INSURANCE COMPANY LIMITED
                               Versus
        MANUBA GEMALSANG ALIAS GEMALSINH RANA & ORS.
==============================================
Appearance:
MR. ALKESH N SHAH(3749) for the Appellant(s) No. 1
RULE NOT RECD BACK for the Defendant(s) No. 7
RULE SERVED for the Defendant(s) No. 1,2,3,4,5
RULE UNSERVED for the Defendant(s) No. 6
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     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 22/01/2026

                               ORAL JUDGMENT


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 23.02.2022 passed by the learned Motor Accident

         Claims Tribunal (Auxi.), Anand in Motor Accident Claim Petition

         No.39 of 2016.

2)      Perusal of the judgment and award indicates that Insurance

         Company has challenged the judgment and award made to the tune

         of Rs.3,67,116/- 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 small and meagre,

         paying due regard to smallness of amount, this Court is of the



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      C/FA/1383/2022                                                             JUDGMENT DATED: 22/01/2026




          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 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, 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

          Applications,            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)

ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 22/01/2026 16:17:58




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