High Court of Gujarat

SBI GENERAL INSURANCE COMPANY LIMITEDversusHABIBKHAN CHUTTANKHAN PATHAN DELETED

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: HASMUKH D SUTHAR

Holding

The First Appeal is dismissed on the ground that the compensation awarded is meager, without expressing an opinion on the merits of the case.

Summary

The State Bank of India General Insurance Company appealed under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.3,82,880 to a road accident victim. The High Court examined the appeal but noted that the compensation amount was modest. Consequently, the Court disposed of the appeal solely on the ground of the award's small monetary value, without addressing the substantive legal questions raised. It clarified that this disposition does not prejudice any other proceedings arising from the same accident. The appeal was dismissed and the awarded amount was ordered to be released to the claimants.

Issues considered

What, if any, merit exists for interfering with the Motor Accident Claims Tribunal's award of Rs.3,82,880 under section 173 of the Motor Vehicles Act, 1988?

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

Motor Accident Claims Tribunalcompensation awardsection 173first appealres judicatainsurance claimHigh Court of Gujarat

Judgment

      C/FA/2156/2022                                ORDER DATED: 28/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 2156 of 2022
==========================================================
             SBI GENERAL INSURANCE COMPANY LIMITED
                              Versus
          HABIBKHAN CHUTTANKHAN PATHAN DELETED & ORS.
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR.KARNA H DHOMSE(6684) for the Defendant(s) No. 3,4,5,6
RULE UNSERVED for the Defendant(s) No. 2
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 28/01/2026

                                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
22.04.2022 passed by the learned Motor Accident Claims Tribunal (Auxi.),
Vadodara, in Motor Accident Claim Petition No. 965 of 2014.

2)     Perusal of the judgment and award indicates that Insurance Company
has challenged the judgment and award made to the tune of Rs.03,82,880/-
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
accident / same judgment and award. It is made clear that this order will not


                                      Page 1 of 2
          C/FA/2156/2022                                                      ORDER DATED: 28/01/2026




 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 28/01/2026 14:11:54




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