ORIENTAL INSURANCE COMPANY v. MANGALSINH GEMABHAI BARIA & Ors.
Case at a glance
Outcome
Dismissed
the same accident, the petition is dismissed
Provisions considered
Key paragraphs
- Para 33. In view of the above submission, registry is directed to delete the name of Mr. Yogesh Parmar, learned counsel for the petitioner from the record.
- Para 66. Pending civil application/s, if any, shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith. SURESH SOLANKI (HEMANT M. PRACHCHHAK,J)
Judgment
========================================================== Appearance: MR DAKSHESH MEHTA(2430) for the Petitioner(s) No. 1 MR. YOGESH I PARMAR(6981) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 02/04/2026 ORAL ORDER
Present petition is filed by the petitioner under Article 227 of the Constitution of India r/w the provisions of the Consumer Protection Act, 1986 and subsequent amendments challenging the impugned award dated
19.7.2025 passed by the Motor Accident Claim Tribunal, (Main), Panchmahal at Godhra in Motor Accident Claim Petition No.70 of 2023.
Mr. Mehta, learned counsel for the petitioner submits that the name of Mr. Yogesh Parmar, learned advocate is wrongly mentioned in the cause list on behalf of the petitioners and therefore, the same may be deleted from C/SCA/4615/2026 ORDER DATED: 02/04/2026 the record.
In view of the above submission, registry is directed to delete the name of Mr. Yogesh Parmar, learned counsel for the petitioner from the record.
Operative part
Though various grounds have been raised in the memo of petition, the fact remains that the total amount involved in the petition is very small amount. Considering the smallness of amount, this Court is of the opinion that the petition is not required to be entertained. Accordingly, only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other petitions arising out of the same accident, the petition is dismissed. However, there shall be no order as to costs.
The awarded amount, if deposited by the appellant before the learned Tribunal, the same shall be disbursed in favour of respondents along with interest if any, accrued on it, after due verification within period of eight weeks from the date of receipt of copy of present order. It C/SCA/4615/2026 ORDER DATED: 02/04/2026 is clarified that this Court has not entered into the merits of the case.
Pending civil application/s, if any, shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith. SURESH SOLANKI
(HEMANT M. PRACHCHHAK,J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the same accident, the petition is dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Consumer Protection Act, 2019.
Which court decided this case, and when?
Gujarat High Court, on 02 Apr 2026. The bench was HEMANT M PRACHCHHAK.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.