High Court of Gujarat

ORIENTAL INSURANCE CO LTDversusJAYKUMAR BHUPENDRAKUMAR JOSHI

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

Holding

The appeal is dismissed solely on the ground that the awarded compensation is meager, without addressing the merits.

Summary

The Oriental Insurance Co. Ltd. filed a First Appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,93,680 to the road‑accident victim. The High Court noted that the quantum of compensation was modest. It held that, because the amount was small, the appeal could be disposed of without examining the substantive merits or any question of law. The Court expressly stated that it was not expressing an opinion on the merits and that the principle of res judicata would not bar other proceedings arising from the same accident. Consequently, the appeal was dismissed and the awarded amount was ordered to be released to the claimants, with the record transmitted to the Tribunal.

Issues considered

Whether a First Appeal under section 173 of the Motor Vehicles Act can be dismissed solely on the ground of the modest quantum of compensation awarded?
Whether the principle of res judicata applies to other proceedings arising from the same accident when the appeal is dismissed on monetary grounds?

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

First AppealMotor Vehicles ActSection 173Motor Accident Claims Tribunalcompensationsmall amountres judicatainsurancecivil procedure

Judgment

      C/FA/1249/2022                                 ORDER DATED: 11/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 1249 of 2022
==========================================================
                     ORIENTAL INSURANCE CO LTD
                                Versus
               JAYKUMAR BHUPENDRAKUMAR JOSHI & ANR.
==========================================================
Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 11/02/2026

                                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 01.10.2021 passed by the learned Motor Accident Claims
       Tribunal (Auxi.), Vadodara, in Motor Accident Claim Petition
       No.1279/2012.

(2)    Perusal of the judgment and award indicates that Insurance Company
       has challenged the judgment and award made to the tune of
       Rs.4,93,680/- 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


                                   Page 1 of 2
         C/FA/1249/2022                                                      ORDER DATED: 11/02/2026




          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 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 12/02/2026 14:32:26




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