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High Court of Gujarat

UNITED INDIA INSURANCE COMPANY LTDversusHARIBHAI NATHALAL MAKWANA

Disposal
39-RULE DISCHARGED/DISMISSED @ FH

Holding

The appeal is dismissed on the ground of the smallness of the amount, without deciding any substantive issues.

Summary

The United India Insurance Company Ltd appealed against a claim of Rs.5,00,000 arising from a road accident involving Haribhai Nathalal Makwana and others. The High Court observed that the amount was small and there was no dispute over the accident itself. Consequently, the Court dismissed the first appeal on the ground of the smallness of the amount, without addressing any substantive merits. The order expressly states it should not be treated as precedent and directs the tribunal to disburse the claimed amount after verification, deducting court fees. The appellant was permitted to revive the appeal if difficulties arise, and any connected applications were also disposed of.

Issues considered

  • What is the appropriate basis for dismissing an appeal solely on the smallness of the claim amount?
  • Should the dismissal order be considered as precedent for future cases arising from the same accident?

Subjects

smallness of amountfirst appealappeal dismissalinsurance claimprecedenttribunal paymentcourt fees

Judgment

     C/FA/1142/2015                              ORDER DATED: 02/02/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1142 of 2015

==========================================================
            UNITED INDIA INSURANCE COMPANY LTD
                              Versus
             HARIBHAI NATHALAL MAKWANA & ORS.
==========================================================
Appearance:
MR TANMAY B KARIA(6833) for the Appellant(s) No. 1
APURVA K JANI(7057) for the Defendant(s) No. 1
DELETED for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
==========================================================

 CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                             Date : 02/02/2026

                               ORAL ORDER



1.    Heard learned advocate Mr. Tanmay B Karia appearing

for the Appellant No.1

2.    What could be noticed is that the insurance company

has challenged an amount to the tune of Rs. 5,00,000/-.

This is a small and meager amount and considering the fact

that as such there is no dispute in regards the happening of

a road accident, I am of the opinion that this appeal may

not deserve consideration, more particularly, on the ground

of smallness of amount.           Accordingly, present first appeal

stands dismissed.

                                  Page 1 of 3
     C/FA/1142/2015                       ORDER DATED: 02/02/2026




3.    It is made clear that present first appeal is dismissed

on account of smallness of the amount and the order

passed by this Court shall not be treated as precedent, more

so when this Court has not decided any issue on merit. The

whole purpose to dismiss the appeal on account of

smallness of amount is with a view to avoid hardship both

physically and financially on the part of the original

claimant to appear and defend the case.         Therefore, this

order shall not be cited as precedent in any pending matters

arising from same accident before any Court.

4.    R & P, if any, to be sent back to the concerned Court

immediately.

5.    The appellant is at liberty to revive the appeal in case

of difficulty.

6.    Consequently connected application/s, if any, also

stands disposed of.

7.    The learned Tribunal is directed to disburse the entire

amount to the claimant after due and proper verification.




                            Page 2 of 3
       C/FA/1142/2015                                                     ORDER DATED: 02/02/2026




8.      While making the payment, the Tribunal shall deduct

the courts fees, if not paid, in accordance with rules/law.




                                                                                    (J. L. ODEDRA, J)
RIYA VISHWAKARMA


 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: RIYA VISHWAKARMA(HC02365), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/02/2026 18:17:02




                                                 Page 3 of 3


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