High Court of Gujarat

THE UNITED INDIA INSURANCE CO. LTD.versusVIKRAMBHAI BHAYJIBHAI BARIA

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: HASMUKH D SUTHAR

Holding

The first appeal is dismissed because the compensation awarded is meager, without expressing any opinion on the merits.

Summary

The United India Insurance Co. Ltd. filed a first appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.4,70,000 to the road‑accident victim. The High Court examined the appeal and noted that the amount involved was modest. It held that the award was just and reasonable and that the appeal could be disposed of solely on the ground of the small monetary value, without addressing the merits or any legal questions raised. Consequently, the appeal was dismissed, and the award was ordered to be transmitted to the Tribunal for disbursement to the claimants. The order also clarified that the principle of res judicata would not bar any future proceedings arising from the same accident.

Issues considered

What is the appropriate basis for disposing of a first appeal under section 173 of the Motor Vehicles Act when the award amount is modest?
Whether the court must consider the merits of the appeal despite the small quantum of compensation.

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

Motor Vehicles ActSection 173First AppealMotor Accident Claims TribunalCompensation awardSmall amount disposalRes judicataInsurance claim

Judgment

      C/FA/1623/2024                                 ORDER DATED: 23/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 1623 of 2024

==========================================================
                       THE UNITED INDIA INSURANCE CO. LTD.
                                      Versus
                       VIKRAMBHAI BHAYJIBHAI BARIA & ORS.
==========================================================
Appearance:
MR VC THOMAS(5476) for the Appellant(s) No. 1
MR.KARANSINH SOLANKI(6541) for the Defendant(s) No. 1,2
RULE NOT RECD BACK for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                 Date : 23/02/2026

                                  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 06.11.2023 passed by the learned Motor Accident Claims
       Tribunal (Main), Godhra, Panchmahals, in Motor Accident Claim
       Petition No.277 of 2020.
(2)    Perusal of the judgment and award indicates that Insurance Company
       has challenged the judgment and award made to the tune of
       Rs.04,70,000/- 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



                                     Page 1 of 2
         C/FA/1623/2024                                                    ORDER DATED: 23/02/2026




          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 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
          veri7cation 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 23/02/2026 14:51:12




                                                 Page 2 of 2

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Motor Vehicles Act"Sign in to search