High Court of Gujarat

NEW INDIA ASSURANCE COMPANY LTD.versusMEHUL SURESHCHANDRA JANI

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

Holding

The appeal is dismissed because the awarded compensation is small, and the court does not interfere with the tribunal's decision.

Summary

The New India Assurance Company Ltd. filed a first appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claim Tribunal award of Rs.1,42,000 to the road‑accident victim. The High Court examined the appeal and noted that the contested compensation amount was modest. It held that, given the small quantum, there was no need to interfere with the tribunal's award. The court expressly refrained from expressing any opinion on the merits or legal questions raised, reserving the right to consider them in future proceedings. Consequently, the appeal was dismissed and any pending civil applications were declared infructuous. The court ordered the record and the awarded amount, with interest if any, to be transmitted to the tribunal for disbursement to the claimants.

Issues considered

Whether the Motor Accident Claim Tribunal's award of Rs.1,42,000 should be set aside on any substantive or procedural ground.
Whether the modest quantum of compensation justifies dismissal of the first appeal without addressing the merits.
Whether the principle of res judicata applies to other proceedings arising from the same accident.

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

Motor Accident ClaimFirst AppealCompensationMotor Vehicles ActRes JudicataSmall Quantum

Judgment

        C/FA/2768/2024                                 ORDER DATED: 06/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/FIRST APPEAL NO. 2768 of 2024

==========================================================
                         NEW INDIA ASSURANCE COMPANY LTD.
                                       Versus
                         MEHUL SURESHCHANDRA JANI & ORS.
==========================================================
Appearance:
MR NAGESH C SOOD(1928) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,3
RULE UNSERVED for the Defendant(s) No. 2
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                   Date : 06/02/2026
                                    ORAL ORDER


[1.0]            Insurance Company is in First Appeal under section
173 of the Motor Vehicles Act, 1988. Challenge is made to the
judgment and award dated 07.11.2023 passed by the learned
Motor Accident Claim Claims Tribunal (Auxi.), Jamnagar in
Motor Accident Claim Petition No.323 of 2016.

[2.0]            Perusal of the judgment and award indicates that
Insurance Company has challenged the judgment and award
made to the tune of Rs.1,42,000/- to the victim of the road
accident.

[3.0]            Heard learned advocates for the respective parties.

[4.0]            Since the amount involved in the First Appeal is less
very 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


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            C/FA/2768/2024                                                ORDER DATED: 06/02/2026




    compensation being meager and small and less. 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 being less, principle of res judicata shall not be
    applied to any other proceedings arising from the same road
    accident or same judgment and award.

    [5.0]             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. Interim relief if any
    stands vacated.

    [6.0]             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)
    ALI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 06/02/2026 16:42:35




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