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Judgment
Ilesh J. Vora, J
This appeal is filed by the appellant – original opponent no. 6 – National Insurance Company Ltd., assailing the award and judgment dated 24.12.2009, passed in MACP No. 1440 of 1999, whereby, the MACP (Aux.) Mehsana, directed the appellant Insurance Company and others to pay the amount of compensation to the tune of Rs. 68,300/- within running interest at the rate of 7.5% p.a.
Mr. Maulik Shelat, learned counsel appearing for the appellant Insurance Company has submitted that, the judgment and award is contrary to the law, erroneous and same requires to be quashed and set aside. He further submitted that, at relevant time, the policy in question was “ACT only policy” and therefore, the Insurance Company cannot be liable as a statutory or contractually for the amount of compensation.
Heard learned counsel Mr. Sunil Parikh appearing for respondent no. 4 - New India Insurance Co. Ltd.
Having heard the learned counsel for the respective parties and the amount involved in this appeal, this Court do not incline to entertain this appeal as amount awarded is less than Rs.1 lakh. Thus, without expressing any opinion on merits and issue of liability raised in the appeal, the appeal is deserve to be dismissed and is dismissed accordingly. This order would not come in the way of any adjudication of any other appeal on the same ground or any legal ground. Decree be drawn accordingly. The Tribunal shall disburse the entire amount in favour of the claimants.