ORIENTAL INSURANCE CO LTDversusMINOR SHYAMKUMAR RAJUBHAI RAVAL

        C/FA/1608/2022                               ORDER DATED: 11/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 1608 of 2022

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                       ORIENTAL INSURANCE CO LTD
                                  Versus
                MINOR SHYAMKUMAR RAJUBHAI RAVAL & ANR.
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
MR PRUTHVIRAJSINH V SOLANKI(10190) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                 Date : 11/02/2026

                                  ORAL ORDER

[1.0]            Insurance Company is in First Appeal under section
173 of the Motor Vehicles Act, 1988. Challenge is made to the
judgment and award dated 02.11.2021 passed by the learned
Motor Accident Claim Claims Tribunal (Auxi.), Halol in Motor
Accident Claim Petition No.148 of 2019.

[2.0]            Perusal of the judgment and award indicates that
Insurance Company has challenged the judgment and award
made to the tune of Rs.3,01,370/- to the victim of the road
accident.

[3.0]            Heard learned advocates for the respective parties.

[4.0]            Since the amount involved in the First Appeal is
small and 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


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        C/FA/1608/2022                                               ORDER DATED: 11/02/2026




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 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 ground of the
monetary value being less, the principle of res judicata shall not
apply to any other proceedings arising from the same road
accident or the same judgment and award.

[5.0]            In view of above, the First Appeal is dismissed.
Pending Civil Applications, if any, stands disposed of as having
become infructuous. No order as to costs.

[6.0]            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)
ALI



         Original copy of this order has been signed by the Hon'ble Judge.
         Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 12/02/2026 17:57:17




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