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 23.02.2022 passed by the learned Motor Accident Claims Tribunal (Auxi.), Anand in Motor Accident Claim Petition No.39 of 2016. The Tribunal had awarded compensation of Rs.3,67,116/- to the victim of a road accident. The Insurance Company contended that the award 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 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 being meagre and small, and that it had not expressed any opinion on the merits or questions of law raised. Those issues 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.
Headnote
A) Motor Vehicles Act - Compensation - Smallness of Amount - Section 173 Motor Vehicles Act, 1988 - Insurance Company challenged award of Rs.3,67,116/- as excessive - Court held that since the amount involved is small and meagre, the appeal is disposed of without expressing any opinion on merits or questions of law, which are kept open for other proceedings - Held that no interference is called for as compensation appears just and reasonable (Paras 1-4).
Issue of Consideration
Whether the High Court should interfere with a compensation award of Rs.3,67,116/- in a motor accident claim when the amount is small and meagre.
Final Decision
The First Appeal is disposed of on the ground of the award being meagre and small. No opinion expressed on merits or questions of law, which are kept open for other proceedings. The order will not come in the way of adjudication of other appeals or claim petitions arising from the same accident. Principle of res judicata shall not apply.
Law Points
- Smallness of amount
- non-interference in appeal
- res judicata not applicable
- compensation just and reasonable
