NEW INDIA ASSURANCE CO. LTD.versusJADIBEN MERABHAI BHARVAD (LAMKA)
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- D M VYAS
Holding
The appeal is dismissed solely on the ground of the smallness of the amount involved.
Summary
New India Assurance Co. Ltd. filed a first appeal (No. 1903 of 2016) against Jadiben Merabhai Bharvad (Lamka) and others, seeking relief in a dispute involving Rs.5,00,000. The appellant argued that the lower court erred, but the High Court noted that the quantum involved was modest. The Court held that it would not entertain the appeal solely on the basis of the small amount in controversy. Consequently, the appeal was dismissed without any examination of the substantive merits. The order directed that the record be sent back to the lower court for further proceedings.
Issues considered
- What is the appropriate basis for dismissing an appeal when the amount in dispute is relatively small?
Subjects
Judgment
C/FA/1903/2016 ORDER DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1903 of 2016
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NEW INDIA ASSURANCE CO. LTD.
Versus
JADIBEN MERABHAI BHARVAD (LAMKA) & ORS.
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
MR V B MALIK(5071) for the Defendant(s) No. 6
MR VINOD M GAMARA(5910) for the Defendant(s) No. 1,2,3,4
RULE SERVED for the Defendant(s) No. 5
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CORAM:HONOURABLE MR.JUSTICE D. M. VYAS
Date : 19/01/2026
ORAL ORDER
1. Heard learned advocates appearing for the respective
parties.
2. Considering the fact that the amount involved is
Rs.5,00,000/-, this Court is not inclined to entertain the
appeal solely on the ground of smallness of amount involved.
Hence, the present appeal is dismissed solely on the ground of
smallness of the amount involved. It is clari ed that this Court
has otherwise not examined the merits of the case and the
dismissal of the present appeal have no bearing on the
cognate issues being urged at the hands of the insurance
company in other appeals.
3. Record and proceedings be sent back to the concerned
court forthwith.
(D. M. VYAS, J)
ILA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 19/01/2026 17:02:30
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