THE NEW INDIA ASSURANCE COMPANY LTD.versusKANKUBEN W/O CHAMANBHAI NARANBHAI VAGHELA

        C/FA/2041/2023                                  ORDER DATED: 06/02/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/FIRST APPEAL NO. 2041 of 2023
                               With
                 R/FIRST APPEAL NO. 4285 of 2023
                               With
                 R/FIRST APPEAL NO. 3548 of 2024
==========================================================
             THE ORIENTAL INSURANCE COMPANY LTD.
                              Versus
               BIRJIBEN PADAMSINH RATHWA & ORS.
==========================================================
Appearance:
MS DIMPLE A THAKER(6838) for the Appellant(s) No. 1
RULE NOT RECD BACK for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 1,3
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 06/02/2026
                             COMMON 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 No.     MACP No.             Amount
                                                  Awarded (Rs.)
              2041/2023        1286/2017            4,27,000/-
              4285/2023        222/2010             4,36,172/-
              3548/2024         36/2021             4,15,856/-


[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

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        C/FA/2041/2023                                                        ORDER DATED: 06/02/2026




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 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 veriFcation 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 06/02/2026 14:35:02




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