High Court of Gujarat

SURESHBHAI BHERURAM JAINversusCHAMPAKLAL MOTILAL JAT

Disposal: 46-ANY OTHER MODE @ FH
Bench: HASMUKH D SUTHAR

Holding

The appeals are dismissed on the ground that the compensation awarded is small and reasonable, without entering into the merits of the case.

Summary

The High Court of Gujarat disposed of four first appeals filed under Section 173 of the Motor Vehicles Act, 1988, concerning compensation awards of Rs. 4,50,312; Rs. 3,11,600; Rs. 5,00,000; and Rs. 3,42,000. The court observed that the amounts were small and the awards appeared just and reasonable, and therefore no interference was warranted. It expressly declined to opine on the merits or any legal questions raised, reserving them for any future proceedings arising from the same accident. The court held that the principle of res judicata would not apply to other related proceedings. Consequently, the appeals were dismissed, pending civil applications were deemed infructuous, and the awarded amounts were ordered to be released to the original claimants after verification.

Issues considered

What is the appropriate basis for dismissing first appeals under Section 173 of the Motor Vehicles Act when the compensation awarded is small?
Whether the court should examine the merits or legal questions raised in the appeals despite the small monetary value.

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

Motor Vehicles ActSection 173compensationfirst appealsmall amountres judicatacivil application

Judgment

        C/FA/1804/2022                                     ORDER DATED: 24/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                     R/FIRST APPEAL NO. 1804 of 2022
                                      With
                      R/FIRST APPEAL NO. 1819 of 2022
                                      With
                      R/FIRST APPEAL NO. 1320 of 2024
                                      With
                      R/FIRST APPEAL NO. 1824 of 2022
==========================================================
                        SURESHBHAI BHERURAM JAIN
                                     Versus
                     CHAMPAKLAL MOTILAL JAT & ANR.
==========================================================
Appearance:
KRUSHITA D DAVE(7857) for the Appellant(s) No. 1
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
==========================================================
   CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 24/02/2026
                                 ORAL ORDER

[1.0]            Insurance Company is in First Appeals under section
173 of the Motor Vehicles Act, 1988, details of which alongwith
corresponding respective Motor Accident Claim Petitions alongwith
amount of compensation awarded in respective claim petitions is as
under:
            First Appeal       Year                                    Amount
                  No.                               MACP No.             (Rs.)
                 1804         2022                  442/2014           4,50,312

                 1819         2022                  628/2011          3,11,600

                 1320         2024                  41/2018           5,00,000

                 1824         2022                  878/2012          3,42,000


[2.0]            Heard learned advocates for the respective parties.

[3.0]            Since the amount involved in the present First Appeals
is small and meager, which falls under the category of smallness,
paying due regard to smallness of amount, this Court is of the
considered view that the First Appeals should be disposed of as
compensation awarded seems to be just and reasonable and no
interference is called for. It is hereby made clear that these First


                                      Page 1 of 2
         C/FA/1804/2022                                                ORDER DATED: 24/02/2026




 Appeals are 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
 these First Appeals 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
 respective judgment and award or adjudication of any other claim
 petition arising from same road accident. Since the First Appeals
 are disposed of only on the ground of monetary value being small,
 without entering into merits, principle of res judicata shall not be
 applied to any other proceedings including cross-objections, if any,
 arising from the same road accident or same judgment and award.

 [4.0]             In view of above, present First Appeals are dismissed.
 Pending Civil Applications, if any, stands disposed of as having
 become infructuous. No order as to costs.

 [5.0]             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 respective
 original claimants after due verification by transferring the said
 amount to the account of the respective claimants either by RTGS
 or NEFT mode.

 [6.0]             Registry to maintain copy of this order in each matter.



                                                             (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 25/02/2026 11:56:28
                                                    Page 2 of 2

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