MAGMA HDI GENERAL INSURANCE CO. LTD.versusPRAVESHKUMARI W/D JAYANTISINH SATYSINH TOMAR
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The First Appeals are dismissed solely on the ground that the awarded compensation is small, without addressing the merits of the case.
Summary
The High Court of Gujarat considered four First Appeals filed under section 173 of the Motor Vehicles Act, 1988 by Tata AIG General Insurance Co. Ltd. against awards granted in motor accident claim petitions ranging from Rs. 1,61,050 to Rs. 5,00,000. The court observed that the amounts involved were modest and classified as "small," and therefore the appeals did not merit detailed examination of the merits or legal questions raised. It expressly held that the dismissal was solely on the basis of the monetary smallness of the awards, without expressing any opinion on the substantive issues. Consequently, the First Appeals were dismissed, and any pending civil applications were deemed infructuous. The court also directed that the records and awarded amounts, with any accrued interest, be transmitted to the appropriate tribunal for disbursement to the original claimants.
Issues considered
- What is the appropriate basis for disposing of First Appeals under section 173 of the Motor Vehicles Act when the awarded compensation is modest?
- Does the principle of res judicata apply to other proceedings arising from the same road accident when the First Appeals are dismissed on the ground of smallness?
Legislation cited
- Motor Vehicles Act, 1988s. 173
Subjects
Judgment
C/FA/1176/2024 JUDGMENT DATED: 05/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1176 of 2024
With
R/FIRST APPEAL NO. 4938 of 2022
With
R/FIRST APPEAL NO. 974 of 2024
With
R/FIRST APPEAL NO. 1111 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
√
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TATA AIG GENERAL INSURANCE CO. LTD.
Versus
RAJENDRAKUMAR VIKRAMSINH RAOLAJI & ORS.
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3,4,6
RULE SERVED for the Defendant(s) No. 5
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 05/03/2026
COMMON JUDGMENT
[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.)
1176/2024 112/2019 5,00,000
4938/2022 37/2015 4,75,503
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C/FA/1176/2024 JUDGMENT DATED: 05/03/2026
974/2024 120/2015 4,30,480
1111/2024 95/2015 1,61,050
[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 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
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C/FA/1176/2024 JUDGMENT DATED: 05/03/2026
forthwith along with accrued interest, if any. The entire awarded
amount be disbursed and released in favour of the respective original
claimants after due veriGcation by transferring the said amount to the
account of the claimants either by RTGS or NEFT mode.
[6.0] Registry to maintain a copy of this order in each of the present
First Appeals.
Sd/-
(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 05/03/2026 15:17:10
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