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Judgment
Hasmukh D. Suthar, J
[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
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 forthwith along with accrued interest, if any. The entire awarded amount be disbursed and released in favour of the respective original claimants after due verification 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.