BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED RAJKOTversusPRADIP THAVARDAS MADHVANI

     C/FA/1787/2024                                   ORDER DATED: 16/02/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/FIRST APPEAL NO. 1787 of 2024
                            With
               R/FIRST APPEAL NO. 3614 of 2024
                            With
               R/FIRST APPEAL NO. 2049 of 2024
==========================================================
     BAJAJ ALLIANCE GENEARL INSURANCE COMPANY LIMITED
                           Versus
             SHANTABEN SOMABHAI VASAVA & ORS.
==========================================================
Appearance:
MS MASUMI V NANAVATY(9321) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR DEEPAK N KHANCHANDANI(7781) for the Defendant(s) No. 3
MR NISHIT A BHALODI(9597) for the Defendant(s) No. 1
==========================================================
  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.)
           1787/2024        300/2018             5,00,000/-
           3614/2024        565/2018             4,03,000/-
           2049/2024        140/2012             4,53,000/-



[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



                                  Page 1 of 2
        C/FA/1787/2024                                                         ORDER DATED: 16/02/2026




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.

[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 15:52:48


                                                    Page 2 of 2