High Court of Gujarat

PRAVINABEN JASMINBHAI VAVAIYAversusLH OF DECD GOVINDBHAI MULJIBHAI AJANI PRABHABEN GOVINDBHAI AJANI

Disposal: 46-ANY OTHER MODE @ FH
Bench: MOOL CHAND TYAGI

Holding

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

Summary

The appellant, Pravinaben Jasminbhai Vavainya, filed a first appeal against a compensation award of Rs.5,00,000 arising from a road accident. The respondents argued that the appeal should not be entertained because the disputed amount was modest. Justice Mool Chand Tyagi observed that the amount was small and there was no substantive dispute over the accident, concluding that the appeal did not merit consideration on its merits. Consequently, the appeal was dismissed solely on the ground of the smallness of the amount. The order expressly stated that it should not be treated as precedent and that the awarded amount be released to the claimant after verification.

Issues considered

What is the appropriate basis for dismissing an appeal when the disputed amount is relatively small?
Can an appeal be dismissed without addressing the merits solely on the ground of the claim's modest value?

Subjects

appeal dismissalsmall claimprocedural discretionnon-precedential ordercompensation awardroad accident

Judgment

       C/FA/1917/2020                                  ORDER DATED: 05/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                     R/FIRST APPEAL NO. 1917 of 2020
==========================================================
              PRAVINABEN JASMINBHAI VAVAIYA
                           Versus
LH OF DECD GOVINDBHAI MULJIBHAI AJANI PRABHABEN GOVINDBHAI
                       AJANI & ORS.
==========================================================
Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
ADVOCATE NOTICE SERVED for the Defendant(s) No. 6
MR YOGI K GADHIA(5913) for the Defendant(s) No. 3
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1,2,7
RULE SERVED for the Defendant(s) No. 4
UNSERVED EXPIRED (R) for the Defendant(s) No. 5
==========================================================
 CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
                Date : 05/03/2026
                 ORAL ORDER
        Heard learned advocates for the respective parties.


        Learned advocate for the respondents pointed out that
the captioned appeal may not deserve the consideration on
merits owing to the smallness of the amount awarded to the
claimant/s. It is noticed that the disputed amount involved in
the present appeal is Rs.5,00,000/-. 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 #rst appeal stands dismissed.


        In view of the order passed in main appeal, connected
application, if any, stands disposed of, accordingly.


        It is made clear that present #rst appeal is dismissed on


                                      Page 1 of 2
          C/FA/1917/2020                                                        ORDER DATED: 05/03/2026




 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 #nancially on
 the part of the original claimant/s to appear and defend the
 case.


           Therefore, this order shall not be cited as precedent in
 any pending matters before any Court in the State of Gujarat.


           If any amount of compensation, or any statutory amount,
 lying deposited with the Registry of this Court shall be
 transmitted to the learned Tribunal concerned.


           R & P, if any, to be sent back to the concerned Court
 immediately.                 The entire award amount be disbursed and
 released in favour of claimant/s after due veri#cation by
 transferring said amount/s to the account/s of claimant/s by
 RTGS or NEFT.


           The appellant is at liberty to revive the appeal in case of
 di.culty.




                                                                              (MOOL CHAND TYAGI, J)
 GIRISH


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR GIRISH KANTILAL(HC00954), Principal Pvt Secretary, at High Court of Gujarat on 06/03/2026 18:04:26




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