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High Court of Gujarat

NATIONAL INSURANCE CO LTDversusLABHUBHAI B GOHIL(DELETED)AS PER HON'BLE COURT'S ORDER DATED : 20/06/2017

Disposal
39-RULE DISCHARGED/DISMISSED @ FH

Holding

The appeal was dismissed on the ground of the smallness of the amount, without addressing the merits of the case.

Summary

The National Insurance Co. Ltd filed a first appeal (C/FA/1408/2015) seeking Rs. 4,60,500 in respect of a road accident claim. The court observed that there was no dispute regarding the accident and noted that the amount claimed was relatively small. Consequently, the judge held that the appeal did not merit consideration and dismissed it on the ground of the smallness of the amount. The order expressly stated that the dismissal was not a precedent on any substantive issue and was intended to avoid hardship to the original claimant. The tribunal was directed to disburse the full amount to the claimant after verification, subject to deduction of court fees.

Issues considered

  • What is the appropriate basis for dismissing an appeal when the claim amount is relatively small?

Subjects

appeal dismissalsmallness of amountinsurance claimprocedural ordercourt fee deduction

Judgment

     C/FA/1408/2015                              ORDER DATED: 13/01/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1408 of 2015

=========================================================
                 NATIONAL INSURANCE CO LTD
                              Versus
LABHUBHAI B GOHIL(DELETED)AS PER HON'BLE COURT'S ORDER
                  DATED : 20/06/2017 & ORS.
=========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1
MR RAJESH P MANKAD(2637) for the Defendant(s) No. 5.1,5.2
MR. ALKESH N SHAH(3749) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2,4
=========================================================

 CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                             Date : 13/01/2026

                               ORAL ORDER

1.    Heard learned advocate for the parties.

2.    What could be noticed that the insurance company

claimed the amount to the tune of Rs. 4,60,500/-. This is a

small and meager amount and considering the aspect of

having no dispute in regards to the 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/1408/2015                       ORDER DATED: 13/01/2026




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 so as

to say that this Court has 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.




                            Page 2 of 3
       C/FA/1408/2015                                                      ORDER DATED: 13/01/2026




7.      The learned Tribunal is directed to disburse the entire

amount to the claimant after due and proper verification.



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 16/01/2026 17:23:09




                                                 Page 3 of 3


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