UNITED INDIA INSURANCE COMPANY LIMITED.versusMINOR JAY @ SUNNY DILIPKUMAR AMBALAL BHOI
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed on the ground of the smallness of the amount, without deciding any substantive issue on merit.
Summary
The United India Insurance Company Limited appealed against a claim of Rs. 4,14,000 arising from a road accident involving the minor claimant, Jay @ Sunny Dilipkumar Ambalal Bhoi and others. The High Court observed that the amount was modest and there was no dispute about the accident itself. Consequently, the Court dismissed the first appeal on the ground of the smallness of the amount, emphasizing that no substantive merits were decided. The judgment expressly stated that it should not be treated as precedent and was intended to avoid further hardship to the claimant. The Tribunal was directed to verify and disburse the full claim amount, deducting any court fees, and any related applications were also disposed of.
Issues considered
- What is the appropriate basis for dismissing an appeal when the claim amount is relatively small?
- Should a dismissal on the ground of smallness of amount be considered a precedent for future cases?
- Are there procedural obligations for the Tribunal regarding payment and deduction of court fees?
Subjects
Judgment
C/FA/1839/2015 JUDGMENT DATED: 26/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1839 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE J. L. ODEDRA
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Approved for Reporting Yes No
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UNITED INDIA INSURANCE COMPANY LIMITED.
Versus
MINOR JAY @ SUNNY DILIPKUMAR AMBALAL BHOI & ORS.
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
ABATED for the Defendant(s) No. 8
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 7
MR UM SHASTRI(830) for the Defendant(s) No. 9
RULE SERVED for the Defendant(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 26/02/2026
JUDGMENT
1. Heard learned advocate Mr. H G Mazmudar 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. 4,14,000/-.
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
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C/FA/1839/2015 JUDGMENT DATED: 26/02/2026
not deserve consideration, more particularly, on the ground
of smallness of amount. Accordingly, present first appeal
stands dismissed.
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.
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C/FA/1839/2015 JUDGMENT DATED: 26/02/2026
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 05/03/2026 16:06:33
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