High Court of Gujarat

TATA AIG GENERAL INSURANCE COMPANY LTD.versusHARPALSINH RANJITSINH BARAD

Disposal: 26-DISMISSED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The appeal is dismissed because the compensation awarded is modest and reasonable, and no interference is warranted.

Summary

The High Court of Gujarat heard a first appeal filed by Tata AIG General Insurance Company Ltd. under section 173 of the Motor Vehicles Act, 1988, challenging the award of Rs.3,15,500 granted by the Motor Accident Claim Tribunal (Main), Amreli, to the victims of a road accident. The appeal contended that the award was improper. The Court, noting the modest quantum of the award, held that the compensation was just and reasonable and that there was no ground for interference. It dismissed the appeal on the basis of the small amount, without expressing any view on the merits or legal questions raised. The order also clarified that the dismissal would not affect any other proceedings arising from the same accident, and that the principle of res judicata would not apply to future claims. The awarded amount was directed to be released to the claimants after verification.

Issues considered

Whether the award of Rs.3,15,500 under the Motor Vehicles Act, 1988 is excessive and warrants interference on appeal
Whether a first appeal can be dismissed solely on the ground of the small quantum of compensation
Effect of the dismissal on res judicata in subsequent proceedings arising from the same accident

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

Motor Vehicles ActSection 173First AppealCompensationRes JudicataSmall quantumMotor Accident Claim TribunalTata AIG General Insurance

Judgment

        C/FA/351/2026                             ORDER DATED: 05/02/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/FIRST APPEAL NO. 351 of 2026
                               With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
               In R/FIRST APPEAL NO. 351 of 2026
==========================================================
           TATA AIG GENERAL INSURANCE COMPANY LTD.
                              Versus
              HARPALSINH RANJITSINH BARAD & ORS.
==========================================================
Appearance:
MR HARSH A VYAS(9330) for the Appellant(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 05/02/2026
                               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 02.12.2025 passed by the learned
Motor Accident Claim Claims Tribunal (Main), Amreli in Motor
Accident Claim Petition No.39/2022.

[2.0]            Perusal of the judgment and award indicates that
Insurance Company has challenged the judgment and award
made to the tune of Rs.3,15,500/- 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
Rs.3,15,500/-, 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 for. It is hereby made


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        C/FA/351/2026                                                         ORDER DATED: 05/02/2026




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
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.

[5.0]             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.

[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 veriEcation by transferring the said amount
to the account of the claimants either by RTGS or NEFT mode.



                                                                   (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 05/02/2026 15:44:00




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