UNITED INDIA INSURANCE COMPANY LTDversusTAUFIKMIYA YAKUBMIYA SHEIKH
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The first appeals are dismissed on the ground that the awarded compensation is meager, without addressing the merits of the case.
Summary
The United India Insurance Company Ltd filed first appeals under section 173 of the Motor Vehicles Act, 1988 against the judgment and award of the Motor Accident Claims Tribunal, Ahmedabad Rural, in two motor accident claim petitions. The appeals challenged the compensation awarded to the victims of a road accident. The High Court, noting that the amount of compensation was meager, disposed of the appeals solely on the ground of the small monetary value, without expressing any opinion on the merits or legal questions raised. The court clarified that this disposal does not affect any other pending appeals or claims arising from the same accident, and that res judicata will not apply to those proceedings. Consequently, the appeals were dismissed and the awarded amount, with any accrued interest, was ordered to be released to the claimants.
Issues considered
- What is the appropriate basis for disposing of a first appeal under section 173 of the Motor Vehicles Act when the awarded compensation is of a small amount?
- Does the dismissal of the first appeal on the ground of monetary smallness preclude the application of res judicata in other proceedings arising from the same accident?
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
Judgment
C/FA/4738/2023 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4738 of 2023
With
R/FIRST APPEAL NO. 4739 of 2023
==========================================================
UNITED INDIA INSURANCE COMPANY LTD
Versus
TAUFIKMIYA YAKUBMIYA SHEIKH & ANR.
==========================================================
Appearance:
MASUMI V NANAVATY(9321) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 05/02/2026
COMMON ORAL ORDER
(1) Insurance Company is in First Appeals under section 173 of the Motor
Vehicles Act, 1988. Challenge is made to the judgment and award
passed by the learned Motor Accident Claims Tribunal Ahmedabad
Rural, in Motor Accident Claim Petitions No.141 of 2013 and 135 of
2013.
(2) Perusal of the judgment and award indicates that Insurance Company
has challenged the judgment and award made to the victim of the
road accident.
(3) Heard learned advocates for the respective parties.
(4) Since the amount involved in the First Appeals is meagers, paying due
regard to smallness of amount, this Court is of the considered view
that the First Appeals 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 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 this First Appeals and are kept open to be
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C/FA/4738/2023 ORDER DATED: 05/02/2026
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 Appeals
pending against same 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 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 Appeals are dismissed. Pending Civil
Application, 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
veri3cation 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 05/02/2026 14:22:58
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