Case Note & Summary
The case involves a first appeal filed by New India Assurance Co. Ltd. against an award of compensation in a motor accident claim. The Motor Accident Claims Tribunal had awarded Rs. 1,74,468/- with 9% interest per annum from the date of filing till realization, along with proportionate costs, to the claimant. The insurance company challenged this award before the High Court of Gujarat. The court, after hearing the parties, noted that the amount was small and meager, and there was no dispute regarding the occurrence of the road accident. The court opined that the appeal did not deserve consideration on merits due to the smallness of the amount, primarily to avoid physical and financial hardship to the original claimant in defending the case. Consequently, the appeal was dismissed. The court clarified that the dismissal was solely on the ground of smallness of amount and not on merits, and therefore, the order should not be cited as a precedent in any pending matters before any court in Gujarat. The court also directed that the entire award amount be disbursed and released to the claimant after due verification, and the appellant was given liberty to revive the appeal in case of difficulty.
Headnote
A) Motor Accident Compensation - Smallness of Amount - Dismissal of Appeal - The High Court dismissed the insurer's first appeal against an award of Rs. 1,74,468/- on the ground of smallness of amount, holding that the appeal did not deserve consideration on merits to avoid hardship to the claimant. The order was directed not to be treated as a precedent. (Paras 2-4)
Issue of Consideration
Whether the appeal against a small compensation award should be entertained on merits.
Final Decision
The first appeal is dismissed on account of smallness of amount. The order shall not be treated as precedent. The entire award amount to be disbursed to claimant after verification. Appellant at liberty to revive appeal in case of difficulty.
Law Points
- Smallness of amount
- dismissal of appeal to avoid hardship
- order not to be treated as precedent
