Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Gujarat
  4. /
  5. 2012
  6. /
  7. January

Bharvad Panchibai Hira & 2 Defendants

High Court Of Gujarat|28 February, 2012
|

JUDGMENT / ORDER

1. By way of this appeal the appellants-original claimants have challenged the judgement and award of the M.A.C.T.(Main),Jamnagar, dated 29.12.1994, rendered in M.A.C.P. No.122 of 1987, whereby the tribunal has partly allowed the said claim petition and awarded Rs.27,750/- to the claimants along with interest at the rate of 9 per cent per annum from the date of application, till its realization.
2. The brief facts leading to filing of this appeal are that on 14.11.1996 at about 2.00 p.m. an accident occurred and due to the said accident one Bharvad Panchibai Hira-present respondent No.1 sustained grievous injuries. Therefore, she filed claim petition being M.A.C.P. No.122 of 1996, before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellants-original opponent No.3.
3. Learned counsel for the appellant contended that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. Therefore, he has prayed to allow the present appeal.
4. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellants with regard to the amounts awarded by the Tribunal under different heads is concerned, I have gone through the impugned award and I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeal. Even otherwise the claim amount in this appeal is only Rs.27,500/- and it has been the consistent practice of this High Court not to enter into the merits of those appeals wherein the claim in appeal is small, and claims upto Rs.50,000/- have been quantified by this Court as petty claims. Therefore, this appeal is dismissed only on the ground that the claim amount involved in this appeal is less than Rs.50,000/-
5. In the result, this appeal is dismissed only on the ground that the claim amount involved in this appeal is less than Rs.50,000/-. No order as to costs.
(K.S. JHAVERI,J.) pawan
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Bharvad Panchibai Hira & 2 Defendants

Court

High Court Of Gujarat

JudgmentDate
28 February, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Rc Kakkad