High Court of Gujarat

THE ORIENTAL INSURANCE CO LTDversusTULSIBEN SHAILESHBHAI VALAND

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

Holding

The appeal is dismissed on the ground that the compensation awarded is meager, without expressing any opinion on the merits.

Summary

The Oriental Insurance Co. Ltd filed a First Appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.3,37,500 to the road‑accident victim. The High Court examined the appeal but, noting the modest quantum of the award, decided to dispose of the appeal solely on the ground that the amount was meager, without addressing the substantive merits or any legal questions raised. The Court clarified that its dismissal was limited to the monetary consideration and would not preclude further proceedings or the application of res judicata in related matters. Consequently, the appeal was dismissed, any pending civil application was deemed infructuous, and the award amount, with interest, was ordered to be transmitted to the Tribunal for release to the claimants. No costs were awarded.

Issues considered

Whether a First Appeal under section 173 of the Motor Vehicles Act, 1988 may be dismissed solely on the basis that the compensation awarded is of a small quantum
Whether the principle of res judicata applies to other proceedings arising from the same accident after such a dismissal

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

First AppealMotor Vehicles ActCompensationSmall quantumRes judicataInsurance claim

Judgment

      C/FA/4940/2022                                 ORDER DATED: 05/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 4940 of 2022
==========================================================
                    THE ORIENTAL INSURANCE CO LTD
                                 Versus
                  TULSIBEN SHAILESHBHAI VALAND & ORS.
==========================================================
Appearance:
MR VC THOMAS(5476) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,3
RULE UNSERVED for the Defendant(s) No. 2
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 05/03/2026

                                 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 01.02.2022 passed by the learned Motor Accident Claims
       Tribunal (Auxi.), Panchmahals at Halol, in Motor Accident Claim
       Petition No.90 of 2019.
(2)    Perusal of the judgment and award indicates that Insurance Company
       has challenged the judgment and award made to the tune of
       Rs.03,37,500/- 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 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
       award. It is made clear that this order will not come in the way of



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              C/FA/4940/2022                                                      ORDER DATED: 05/03/2026




               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
               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 05/03/2026 14:17:20




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