ORIENTAL INSURANCE CO LTDversusISHWARBHAI MELABHAI BHAT

      C/FA/4006/2022                                JUDGMENT DATED: 22/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 4006 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

==============================================

              Approved for Reporting               Yes           No

==============================================
                    ORIENTAL INSURANCE CO LTD
                               Versus
                ISHWARBHAI MELABHAI BHAT & ORS.
==============================================
Appearance:
MR TANMAY B KARIA(6833) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 4,5
RULE UNSERVED for the Defendant(s) No. 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 21.10.2021 passed by the learned Motor Accident

         Claims Tribunal (Auxi.), Tharad in Motor Accident Claim Petition

         No.130 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.3,56,500/- 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,



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       C/FA/4006/2022                                                             JUDGMENT DATED: 22/01/2026




           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 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 16:10:50




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