High Court of Gujarat

ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusJUGAJI GOBARJI THAKOR

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

Holding

The appeal is dismissed because the compensation awarded is considered meager, without addressing the merits.

Summary

The case is a first appeal by ICICI Lombard General Insurance Co. Ltd. under section 173 of the Motor Vehicles Act, 1988, challenging a compensation award of Rs.4,57,833 granted by the Motor Accident Claims Tribunal to the victims of a road accident. The High Court examined the appeal but noted that the amount involved was modest. Consequently, the Court dismissed the appeal solely on the ground that the award was meager, without expressing any view on the merits or the legal questions raised. The order also clarified that the principle of res judicata would not bar future proceedings arising from the same accident. The record and any remaining amount were directed to be transmitted to the Tribunal for disbursement to the claimants.

Issues considered

What, if any, legal basis exists to interfere with the compensation award of Rs.4,57,833 granted by the Motor Accident Claims Tribunal?
Whether the modest quantum of the award justifies dismissal of the first appeal without addressing the merits?

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

First AppealMotor Accident Claims TribunalCompensationMotor Vehicles ActSection 173Res JudicataInsuranceDismissal

Judgment

      C/FA/4795/2023                                 ORDER DATED: 03/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 4795 of 2023

==========================================================
              ICICI LOMBARD GENERAL INSURANCE CO. LTD.
                                 Versus
                      JUGAJI GOBARJI THAKOR & ORS.
==========================================================
Appearance:
MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1
MR R.K.MANSURI(3205) for the Defendant(s) No. 1,2,3,4
UNSERVED EXPIRED (N) for the Defendant(s) No. 5
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 03/03/2026

                              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 28.02.2023 passed by the learned Motor Accident Claims
       Tribunal (Main), Himmatnagar, in Motor Accident Claim Petition
       No.193 of 2017.
(2)    Perusal of the judgment and award indicates that Insurance Company
       has challenged the judgment and award made to the tune of
       Rs.04,57,833/- 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 accident / same judgment and


                                   Page 1 of 2
         C/FA/4795/2023                                                     ORDER DATED: 03/03/2026




          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. 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
          veri6cation 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 03/03/2026 16:08:32




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