Royal Sundaram Alliance Insurance Co. Ltd. Vs… — Motor Accident Claims | Gujarat HC (2018)

Royal Sundaram Alliance Insurance Co. Ltd. Vs… — Motor Accident Claims | Gujarat HC (2018)

C/FA/1496/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 1496 of 2018 With CIVIL APPLICATION NO. 1 of 2018

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ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.

Versus

RAMILABEN KISHANBHAI VADI

========================================================== Appearance:

MR DAKSHESH MEHTA(2430) for the PETITIONER(s) No. 1 MR. RUSHANG D MEHTA(6989) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1,2,3,4

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CORAM: HONOURABLE MR.JUSTICE C.L. SONI

Date : 01/05/2018

ORAL ORDER

The challenge made in the present appeal is against the judgment and award dated 30.12.2017 passed by the Motor Accident Claims Tribunal (Auxiliary) at Nadiad in Motor Accident Claim Petition No.168 of 2014.

By the impugned judgment and award, the Tribunal has awarded Rs.38,920/- to be recovered from the appellant and respondents no.2 and 3. The Tribunal has held the driver of the vehicle insured by the appellant – company negligent to the extent of 15%. Thus, the appellant shall be responsible to pay the compensation to the extent of 15% which would come around Rs.6,600/-.

The Court finds that since the appellant – insurance company is held liable to pay small amount of compensation, the appeal is not required to be entertained. In view of the above, the appeal is

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C/FA/1496/2018 ORDER

disposed of without examining the challenge to the impugned judgment and award on merits.

However, non-entertaining of the appeal shall not be considered as confirmation of the impugned judgment and award made by the Tribunal and shall not come in the way of other appeals filed by the insurance company as stated by the learned advocate Mr.Mehta, as the Court has not examined the challenge on merits to the impugned judgment and award.

Since the appeal is disposed of, the civil application for stay shall not survive. Hence, disposed of accordingly.

(C.L. SONI, J)

Vijay

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