High Court of Gujarat

UNITED INDIA INSURANCE CO. LTD.versusTHAKOR CHELAJI NATHAJI

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: HASMUKH D SUTHAR

Holding

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

Summary

United India 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.4,36,167 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 on the ground that the compensation was meager, without expressing any opinion on the substantive merits or legal questions raised. It clarified that this dismissal does not preclude further litigation on the same accident or invoke res judicata. The order also directed the award amount, with any accrued interest, to be released to the claimants after verification.

Issues considered

Whether a first appeal under section 173 of the Motor Vehicles Act can be dismissed solely on the basis that the awarded compensation is small.
Whether the principle of res judicata applies to other proceedings arising from the same road accident after such a dismissal.

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

Motor Vehicles ActSection 173insurance claimcompensation awardfirst appealres judicataHigh Court

Judgment

       C/FA/1467/2023                               ORDER DATED: 29/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1467 of 2023
==========================================================
                        UNITED INDIA INSURANCE CO. LTD.
                                      Versus
                        THAKOR CHELAJI NATHAJI & ORS.
==========================================================
Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
KAASH K THAKKAR(7332) for the Defendant(s) No. 1,2
MR KK THAKKAR(2834) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 3
==========================================================
     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 29/01/2026

                                 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
15.12.2022 passed by the learned Motor Accident Claims Tribunal (Auxi.),
Dessa in Motor Accident Claim Petition No.4182/2009.

2)      Perusal of the judgment and award indicates that Insurance Company
has challenged the judgment and award made to the tune of Rs.4,36,167/-
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


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         C/FA/1467/2023                                                      ORDER DATED: 29/01/2026




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 verification 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 04/02/2026 13:53:41




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