UNITED INDIA INSURANCE COMPANY LTDversusARVINDBHAI CHATURBHAI THAKOR
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- HASMUKH D SUTHAR
Holding
The appeal is dismissed because the compensation amount is modest, and the court declines to interfere on the merits.
Summary
The United India Insurance Company Ltd filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,57,833 to the road accident victim. The High Court examined the appeal but, noting the modest quantum of compensation, chose to dispose of the appeal solely on the ground of the amount being small, without expressing any view on the merits or legal questions raised. The court clarified that its order does not preclude further proceedings on the same accident or the application of res judicata in other cases. Consequently, the appeal was dismissed and any pending civil application was held infructuous. The award amount, with any accrued interest, was ordered to be transmitted to the tribunal for release to the claimants.
Issues considered
- Whether the compensation award of Rs.4,57,833 granted by the Motor Accident Claims Tribunal should be interfered with under section 173 of the Motor Vehicles Act, 1988.
- Whether the principle of res judicata applies to other proceedings arising from the same road accident.
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
Judgment
C/FA/775/2022 ORDER DATED: 28/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 775 of 2022
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UNITED INDIA INSURANCE COMPANY LTD
Versus
ARVINDBHAI CHATURBHAI THAKOR & ANR.
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 2
SHRIKAR H BHATT(2573) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 28/01/2026
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
14.10.2021 passed by the learned Motor Accident Claims Tribunal (Auxi.),
Banaskantha at Deodar, in Motor Accident Claim Petition No. 1471 of 2015.
2) Perusal of the judgment and award indicates that Insurance Company
has challenged the judgment and award made to the tune of Rs.04,57,833/-
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 which may arise from the same road
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C/FA/775/2022 ORDER DATED: 28/01/2026
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 veri8cation 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 28/01/2026 14:12:11
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