THE ORIENTAL INSURANCE COMPANY LIMITEDversusSENMA HIRABHAI WD/O PASHABHAI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The appeal is dismissed because the compensation awarded is modest, and the court declines to interfere on the merits.
Summary
The Oriental Insurance Company Limited filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,06,000 to the victims of a road accident. The Tribunal's award was challenged on grounds not specified in the appeal. The High Court examined the appeal and noted that the amount involved was modest. It held that there was no basis to interfere with the award on merits and dismissed the appeal solely on the ground of the small quantum of compensation. The court also clarified that the principle of res judicata would not bar other proceedings arising from the same accident, and ordered the awarded amount to be released to the claimants.
Issues considered
- Whether the Motor Accident Claims Tribunal's award of Rs.4,06,000 can be set aside on the grounds raised by the insurer under section 173 of the Motor Vehicles Act, 1988.
- Whether the principle of res judicata applies to other proceedings arising from the same road accident.
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
Judgment
C/FA/1146/2025 ORDER DATED: 06/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1146 of 2025
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THE ORIENTAL INSURANCE COMPANY LIMITED
Versus
SENMA HIRABHAI WD/O PASHABHAI & ORS.
==========================================================
Appearance:
MS KARUNA V RAHEVAR(3818) for the Appellant(s) No. 1
MR.JAY S SHAH(7244) for the Defendant(s) No. 10
NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3,4,5,6,7,8
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 06/03/2026
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 13.11.2024 passed by the learned Motor Accident Claims
Tribunal (Main.), Mehsana in Motor Accident Claim Petition No.11 of
2022.
(2) Perusal of the judgment and award indicates that Insurance Company
has challenged the judgment and award made to the tune of
Rs.04,06,000/- 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/1146/2025 ORDER DATED: 06/03/2026
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
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 06/03/2026 14:30:58
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