ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITEDversusILABEN DHIRAJKUMAR PARMAR (WIFE)
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The appeal is dismissed because the compensation awarded is meager, and no interference is warranted.
Summary
The ICICI Lombard General Insurance Company appealed under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,63,333 to the road‑accident victim. The High Court examined the appeal but noted that the amount involved was modest. It held that the award was just and reasonable and that the appeal should be dismissed solely on the ground of the small monetary value, without addressing the substantive merits or legal questions raised. The Court clarified that this dismissal does not invoke res judicata for any other proceedings arising from the same accident. Consequently, the appeal was dismissed, the pending civil application was declared infructuous, and the award amount was ordered to be transmitted to the Tribunal for release to the claimants.
Issues considered
- What is the appropriate basis for interfering with a Motor Accident Claims Tribunal award under section 173 of the Motor Vehicles Act, 1988?
- Does the modest quantum of compensation justify dismissal of the appeal without addressing the merits?
- Will the principle of res judicata apply to other proceedings arising from the same accident?
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
Judgment
C/FA/2642/2023 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2642 of 2023
==========================================================
ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
Versus
ILABEN DHIRAJKUMAR PARMAR (WIFE) & ORS.
==========================================================
Appearance:
MR CHIRAYU A MEHTA(3256) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 5,6,7
RULE UNSERVED for the Defendant(s) No. 1,2,3,4
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/02/2026
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 04.01.2023 passed by the learned Motor Accident Claims
Tribunal (Main.), Rajkot, in Motor Accident Claim Petition No.1464 of
2012.
(2) Perusal of the judgment and award indicates that Insurance Company
has challenged the judgment and award made to the tune of
Rs.04,63,333/- 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
Page 1 of 2
C/FA/2642/2023 ORDER DATED: 13/02/2026
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 13/02/2026 14:15:29
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.