THE ORIENTAL INSURANCE CO. LTD.versusMAHENDRABHAI MAGANBHAI @ NANABHAI PATEL

      C/FA/3523/2023                                JUDGMENT DATED: 22/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 3523 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

==============================================
       Approved for Reporting Yes    No

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                 THE ORIENTAL INSURANCE CO. LTD.
                               Versus
       MAHENDRABHAI MAGANBHAI @ NANABHAI PATEL & ORS.
==============================================
Appearance:
MR TANMAY B KARIA(6833) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2,3
==============================================

     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 22/01/2026

                               ORAL JUDGMENT


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 14.02.2023 passed by the learned Motor Accident

         Claims Tribunal (Auxi.), Panchmahals in Motor Accident Claim

         Petition No.28 of 2019.

2)      Perusal of the judgment and award indicates that Insurance

         Company has challenged the judgment and award made to the tune

         of Rs.3,15,720/- 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 small and meagre,

         paying due regard to smallness of amount, this Court is of the

         considered view that the First Appeal should be disposed of as



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        C/FA/3523/2023                                                             JUDGMENT DATED: 22/01/2026




            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 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, 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

            Applications,           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)

 ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 22/01/2026 16:13:20




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