NATIONAL INSURANCE CO LTDversusMUSABKHAN AMIRKHAN PATHAN

   C/FA/1567/2015                                JUDGMENT DATED: 20/01/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 1567 of 2015

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE J. L. ODEDRA
==========================================================
          Approved for Reporting                 Yes          No

==========================================================
                   NATIONAL INSURANCE CO LTD
                              Versus
                MUSABKHAN AMIRKHAN PATHAN & ORS.
==========================================================
Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2,3,4
==========================================================
 CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
                 Date : 20/01/2026
                  ORAL JUDGMENT

  1. Though served, none has appeared on behalf of the

     respondents.

  2. Heard learned advocate Mr. Sunil Parikh appearing for

     appellant – Insurance Company.

  3. What could be noticed that the Insurance Company has

     claimed the amount to the tune of Rs.4,36,500/-. This is a

     small and meager amount and considering the aspect of

     having no dispute in regards to the road accident, this

     Court is of the opinion that this appeal may not deserve

     consideration,       more   particularly,    on    the     ground        of

     smallness of amount. Accordingly, present first appeal


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            C/FA/1567/2015                                                             JUDGMENT DATED: 20/01/2026




                stands dismissed.

          4. 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.

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

                immediately. The appellant is at liberty to revive the appeal

                in case of difficulty. Consequently connected application/s,

                if any, also stands disposed of.

          6. The learned Tribunal is directed to disburse the entire

                amount to the claimant after due and proper verification.

                While making the payment, the Tribunal shall deduct the

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



                                                                                                (J. L. ODEDRA, J)

     JIGAR J RABARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: JIGAR RABARI(HCD0067), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/01/2026 17:09:51

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