High Court of Gujarat

BAJAJ ALLIANZ GENERAL INSURANCEversusNARESH BHANJI MATANG

Disposal: 47-DISPOSAL IN ANY OTHER MODE 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, Bajaj Allianz General Insurance, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.2,03,000 to the accident victims. 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 should be disposed of solely on the basis of the small quantum of compensation, without expressing any view on the merits. Consequently, the appeal was dismissed and the pending civil application for stay was declared infructuous. The court ordered the record and the awarded amount, with any accrued interest, to be transmitted to the tribunal for release to the claimants, and clarified that the order does not affect any other proceedings arising from the same accident.

Issues considered

Whether the Motor Accident Claims Tribunal award of Rs.2,03,000 should be interfered with on appeal
Whether a first appeal can be dismissed solely on the ground that the compensation amount is small
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 Claims TribunalFirst AppealSection 173Compensation awardRes judicataSmall amount dismissal

Judgment

       C/FA/3259/2023                                ORDER DATED: 08/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 3259 of 2023
                                    With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
                     In R/FIRST APPEAL NO. 3259 of 2023
==========================================================
                        BAJAJ ALLIANZ GENERAL INSURANCE
                                      Versus
                          NARESH BHANJI MATANG & ORS.
==========================================================
Appearance:
MASUMI V NANAVATY(9321) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
NISHIT A BHALODI(9597) for the Defendant(s) No. 5
PRATEEK S BHATIA(8629) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 3,4
==========================================================

     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                 Date : 08/01/2026

                                  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
10.02.2023 passed by the learned Motor Accident Claims Tribunal (Main),
Kachchh-Bhuj, in Motor Accident Claim Petition No.371 of 2018.

2)      Perusal of the judgment and award indicates that Insurance Company
has challenged the judgment and award made to the tune of Rs.02,03,000/-
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



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          C/FA/3259/2023                                                      ORDER DATED: 08/01/2026




 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
 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 verification 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 09/01/2026 11:17:29




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