ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusRAJUBHAI KESUBHAI ABSANIYA
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court dismissed the first appeals, holding that the compensation awarded was small and no interference was warranted.
Summary
The High Court of Gujarat disposed of several first appeals filed by Go Digit General Insurance Co. Ltd. under section 173 of the Motor Vehicles Act, 1988, concerning compensation awards ranging from Rs. 4.01 lakh to Rs. 4.92 lakh. The court observed that the amounts were small and deemed the awards just and reasonable, therefore no interference was required. It expressly stated that the dismissal was solely on the ground of the monetary value and did not address the merits or any legal questions raised. The order clarified that the principle of res judicata would not apply to other proceedings arising from the same accident. Consequently, the first appeals were dismissed, pending civil applications were held infructuous, and the awarded amounts were to be released to the original claimants after verification.
Issues considered
- Whether the first appeals under section 173 of the Motor Vehicles Act, 1988 should be dismissed solely on the basis that the compensation awarded is small
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
Judgment
C/FA/1780/2024 ORDER DATED: 16/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1780 of 2024
With
R/FIRST APPEAL NO. 2044 of 2024
With
R/FIRST APPEAL NO. 2772 of 2024
With
R/FIRST APPEAL NO. 2782 of 2024
With
R/FIRST APPEAL NO. 2785 of 2024
With
R/FIRST APPEAL NO. 3153 of 2024
With
R/FIRST APPEAL NO. 258 of 2025
==========================================================
GO DIGIT GENERAL INSURANCE CO. LTD.
Versus
PARMAR MOHANBHAI RAMABHAI & ORS.
==========================================================
Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
MR HIMANSU M PADHYA(1611) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 3,4
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/02/2026
COMMON ORAL ORDER
[1.0] Insurance Company is in First Appeals under section 173 of the
Motor Vehicles Act, 1988, details of which alongwith corresponding
respective Motor Accident Claim Petitions alongwith amount of
compensation awarded in respective claim petitions is as under:
First Appeal No. MACP No. Amount
Awarded (Rs.)
1780/2024 283/2019 4,62,822/-
2044/2024 503/2010 4,61,288/-
2772/2024 651/2008 4,31,167/-
Page 1 of 3
C/FA/1780/2024 ORDER DATED: 16/02/2026
2782/2024 123/2018 4,01,120/-
2785/2024 299/2018 4,92,710/-
3153/2024 551/2022 4,52,000/-
258/2025 446/2018 4,89,500/-
[2.0] Heard learned advocates for the respective parties.
[3.0] Since the amount involved in the present First Appeals is small
and meager, which falls under the category of smallness, paying due
regard to smallness of amount, this Court is of the considered view
that the First Appeals should be disposed of as compensation
awarded seems to be just and reasonable and no interference is called
for. It is hereby made clear that these First Appeals are 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 these First Appeals 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 respective judgment and award or adjudication of any
other claim petition arising from same road accident. Since the First
Appeals are disposed of only on the ground of monetary value being
small, without entering into merits, principle of res judicata shall not
be applied to any other proceedings including cross-objections, if any,
arising from the same road accident or same judgment and award.
[4.0] In view of above, present First Appeals are dismissed. Pending
Civil Applications, if any, stands disposed of as having become
infructuous. No order as to costs.
Page 2 of 3
C/FA/1780/2024 ORDER DATED: 16/02/2026
[5.0] 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 respective original
claimants after due veriEcation by transferring the said amount to the
account of the claimants either by RTGS or NEFT mode.
[6.0] Registry to maintain a copy of this order in each of the present
First Appeals.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/02/2026 15:50:27
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