High Court of Gujarat

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BANASKANTHAversusDILIPKUMAR JAWANJI RAJPUT

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

Holding

The First Appeal is dismissed because the compensation awarded is meager, without any assessment of the merits.

Summary

The insurer filed a First Appeal under section 173 of the Motor Vehicles Act, 1988 challenging a Motor Accident Claims Tribunal award of Rs.5,00,000 to the accident victims. The High Court examined the appeal but noted that the quantum of compensation was small and deemed the award just and reasonable. Consequently, the Court dismissed the appeal solely on the ground of the award’s modest amount, without expressing any view on the merits or the legal questions raised. The order clarified that this dismissal does not preclude further proceedings arising from the same accident. The Tribunal was directed to transmit the record and release the awarded amount to the claimants, and any pending civil application was held infructuous.

Issues considered

Whether a First Appeal under section 173 of the Motor Vehicles Act, 1988 can be dismissed solely on the basis that the compensation awarded is small, without addressing the merits of the case.

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

First AppealMotor Vehicles Actsection 173Motor Accident Claims Tribunalcompensation awardsmall quantum dismissalres judicata

Judgment

      C/FA/1836/2025                                 ORDER DATED: 06/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 1836 of 2025
==========================================================
         CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.,
                        BANASKANTHA
                            Versus
               DILIPKUMAR JAWANJI RAJPUT & ORS.
==========================================================
Appearance:
MASUMI V NANAVATY(9321) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
KAASH K THAKKAR(7332) for the Defendant(s) No. 2,3
MR KK THAKKAR(2834) for the Defendant(s) No. 2,3
RULE SERVED for the Defendant(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 06/03/2026

                              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 31.01.2025 passed by the learned Motor Accident Claims
       Tribunal (Main.), Banaskantha at Palanpur in Motor Accident Claim
       Petition No.267 of 2022.
(2)    Perusal of the judgment and award indicates that Insurance Company
       has challenged the judgment and award made to the tune of
       Rs.05,00,000/- 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
       this First Appeal and is kept open to be urged in other proceedings



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         C/FA/1836/2025                                                   ORDER DATED: 06/03/2026




          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 06/03/2026 14:32:26




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