NEW INDIA ASSURANCE COMPANY LTDversusABRAHAMBHAI KOSHYA
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- MOOL CHAND TYAGI
Holding
The appeal is dismissed on account of the smallness of the amount, without deciding any substantive issue on merit.
Summary
The High Court of Gujarat dismissed the first appeal filed by New India Assurance Company Ltd against Abrahambhai Koshya & Ors. The disputed award amount was Rs.4,36,500, which the Court considered too small to merit a full hearing. The Court held that proceeding with the appeal would cause unnecessary physical and financial hardship to the original claimants. Consequently, the appeal was dismissed on the ground of smallness of the amount, without addressing any substantive merits. The order emphasized that it should not be cited as precedent and directed the release of the awarded amount to the claimants after verification.
Issues considered
- Whether a first appeal can be dismissed solely on the ground of the smallness of the disputed amount to avoid hardship to the parties.
Subjects
Judgment
C/FA/1933/2021 ORDER DATED: 22/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1933 of 2021
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NEW INDIA ASSURANCE COMPANY LTD
Versus
ABRAHAMBHAI KOSHYA & ORS.
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR. HEMAL SHAH(6960) for the Defendant(s) No. 2,3
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 22/04/2026
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.4,36,500/-. This is a small and
meager amount, 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.
In view of the order passed in main appeal, connected
application, if any, stands disposed of, accordingly.
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
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C/FA/1933/2021 ORDER DATED: 22/04/2026
with a view to avoid hardship both physically and financially 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 verification 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
difficulty.
(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 04/05/2026 15:26:51
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