Case Note & Summary
The National Insurance Company Limited filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 18.02.2013 passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad in Motor Accident Claim Petition No.799 of 1993, whereby compensation of Rs.4,00,000/- was awarded to the victim of a road accident. The Insurance Company contended that the compensation was excessive and raised legal issues. However, the High Court, after hearing the learned advocates for the respective parties, observed that the amount involved in the appeal was small and meagre. Considering the smallness of the amount, the Court took the view that the First Appeal should be disposed of as the compensation awarded seemed just and reasonable and no interference was called for. The Court made it clear that the appeal was disposed of only on the ground of the award of compensation being meagre and small. It expressly stated that it had not expressed any opinion on the merits or questions of law raised in the appeal, and those were kept open to be urged in other proceedings arising from the same road accident or the same judgment and award. The Court further clarified that the order would not come in the way of adjudication of any other pending First Appeal against the same judgment and award or any other claim petition arising from the same accident. Since the appeal was disposed of only on the contention of monetary value, the principle of res judicata would not apply to any other proceedings. The Court accordingly disposed of the First Appeal without any order as to costs.
Headnote
A) Motor Accident Claims - Compensation - Smallness of Amount - Section 173 Motor Vehicles Act, 1988 - Insurance Company challenged award of Rs.4,00,000/- as compensation - Court disposed of appeal solely on ground of smallness of amount, holding that no interference is called for as compensation appears just and reasonable - Court did not express any opinion on merits or questions of law, which are kept open for other proceedings - Principle of res judicata not applicable to other proceedings arising from same accident (Paras 1-4).
Issue of Consideration
Whether the First Appeal challenging the compensation award should be entertained given the smallness of the amount involved.
Final Decision
First Appeal disposed of without any order as to costs. The Court did not interfere with the award, holding that compensation appears just and reasonable. Questions of law kept open for other proceedings. Res judicata not applicable.
Law Points
- Smallness of amount
- Disposal without merits
- Res judicata not applicable
- Questions of law kept open
