High Court of Gujarat

SHRI RAM GENERAL INSURANCE COMPANY LIMITEDversusAFAJAL SIRAJUDDIN ANSARI

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

Holding

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

Summary

The appellant, Shri Ram General Insurance Company Ltd., filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claim Tribunal award of Rs.3,16,470 to the road‑accident victim. The High Court examined the appeal and noted that the quantum of compensation was modest. Considering the small amount, the Court decided that no interference with the Tribunal's award was warranted. It expressly refrained from expressing any opinion on the merits or legal questions raised, reserving the right to address them in any future proceedings arising from the same accident. Consequently, the appeal was dismissed, pending civil applications were held infructuous, and the award amount was ordered to be transmitted to the Tribunal for release to the claimants. No order as to costs was made.

Issues considered

What is the appropriate basis for dismissing a first appeal under Section 173 of the Motor Vehicles Act when the awarded compensation is of a modest quantum?
Does the principle of res judicata apply to other proceedings arising from the same road accident or the same award?

Legislation cited

Motor Vehicles Act, 1988s. 173

Subjects

Motor Vehicles ActSection 173first appealinsurance claimcompensation awardres judicatasmall quantum

Judgment

        C/FA/3254/2023                            ORDER DATED: 10/02/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/FIRST APPEAL NO. 3254 of 2023
==========================================================
         SHRI RAM GENERAL INSURANCE COMPANY LIMITED
                              Versus
                 AFAJAL SIRAJUDDIN ANSARI & ORS.
==========================================================
Appearance:
MS MASUMI V NANAVATY(9321) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
ADVOCATE NOTICE UNSERVED for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 10/02/2026
                               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 09.01.2023 passed by the learned
Motor Accident Claim Claims Tribunal (Auxi.), Surat in Motor
Accident Claim Petition No.57 of 2013.

[2.0]            Perusal of the judgment and award indicates that
Insurance Company has challenged the judgment and award
made to the tune of Rs.3,16,470/- 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
Rs.3,16,470/-, 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


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        C/FA/3254/2023                                                        ORDER DATED: 10/02/2026




reasonable and no interference is called for. 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 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.

[5.0]             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 veriEcation by transferring the said amount
to the account of the claimants either by RTGS or NEFT mode.



                                                                  (HASMUKH D. SUTHAR, J.)
Ajay
   Original copy of this order has been signed by the Hon'ble Judge.
   Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/02/2026 14:59:36




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