High Court of Gujarat

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusMOHMADNAEEM MOHMADJAHAR SAIYED

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: HASMUKH D SUTHAR

Holding

The first appeal is dismissed because the compensation awarded is meager, without consideration of the merits.

Summary

The insurance company filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.3,04,227 to the victims of a road accident. The High Court examined the appeal but, noting that the amount involved was modest, chose to dispose of the appeal solely on the ground of the award being meager, without addressing the substantive legal questions raised. The court expressly stated that it had not expressed any opinion on the merits or the questions of law and that the order would not affect any other proceedings arising from the same accident. Consequently, the appeal was dismissed and the tribunal’s award was to be implemented, with the awarded sum to be transferred to the claimants after verification. The order also clarified that the principle of res judicata would not apply to other related proceedings.

Issues considered

Whether a first appeal under section 173 of the Motor Vehicles Act should be dismissed solely on the basis that the awarded compensation is small

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

Motor Vehicles Actsection 173first appealcompensation awardsmall amount disposalres judicatainsurance company

Judgment

      C/FA/3535/2024                                ORDER DATED: 23/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 3535 of 2024

==========================================================
             BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
                               Versus
             MOHMADNAEEM MOHMADJAHAR SAIYED & ORS.
==========================================================
Appearance:
MR TANMAY B KARIA(6833) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 2,5
NOTICE UNSERVED for the Defendant(s) No. 1,3,4
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 23/01/2026

                                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
01.03.2024 passed by the learned Motor Accident Claims Tribunal (Auxi.),
Ahmedabad (Rural), in Motor Accident Claim Petition No.437/2013.


2)     Perusal of the judgment and award indicates that Insurance Company
has challenged the judgment and award made to the tune of Rs.03,04,227/-
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
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


                                      Page 1 of 2
           C/FA/3535/2024                                                     ORDER DATED: 23/01/2026




  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.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 veri5cation 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 23/01/2026 14:19:10




                                                    Page 2 of 2

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Motor Vehicles Act"Sign in to search