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High Court of Gujarat

UNITED INDIA INSURANCE COMPANY LIMITED.versusHEIRS AND LEGAL REPRESENTATIVES OF DECD. RAJU BHIMABHAI

Disposal
39-RULE DISCHARGED/DISMISSED @ FH

Holding

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

Summary

The appellant, United India Insurance Company Ltd., appealed a tribunal award of Rs.4,17,500 awarded to the heirs of the deceased Raju Bhimabhai for a road accident. The tribunal had also ordered interest at 7.5% per annum and costs against the appellant. No respondents appeared before the High Court. The Court observed that the amount was small and there was no dispute over the accident, and therefore the appeal did not merit consideration on merits. Consequently, the First Appeal was dismissed solely on the ground of the smallness of the amount, with a direction that the order not be treated as precedent. The award was to be released to the claimants after verification, and the appellant was permitted to revive the appeal if needed.

Issues considered

  • Whether an appeal against a tribunal award should be entertained when the award amount is small and there is no substantive dispute?

Subjects

appeal dismissalsmallness of amountinsurance claimcivil proceduretribunal awardinterest award

Judgment

     C/FA/1977/2015                               ORDER DATED: 27/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1977 of 2015

==========================================================
          UNITED INDIA INSURANCE COMPANY LIMITED.
                            Versus
 HEIRS AND LEGAL REPRESENTATIVES OF DECD. RAJU BHIMABHAI &
                            ORS.
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR CHINTAN S POPAT(5004) for the Defendant(s) No. 2
MR RAXIT J DHOLAKIA(3709) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5
==========================================================

 CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                              Date : 27/01/2026

                               ORAL ORDER


1.      Heard learned advocate for the appellant. None
appeared for the Respondents.


2.    This Court is of the view that the captioned appeal may
not deserve the consideration on merits owing to the
smallness of the amount awarded to the claimants. It is
noticed that the learned Tribunal has awarded amount of
Rs. 4,17,500/- as compensation at the rate of 7.5% per
annum from the date of filing of the petition till realization
of awarded amount, along with proportionate costs, from
the opponents.


3.     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



                                  Page 1 of 2
           C/FA/1977/2015                                                   ORDER DATED: 27/01/2026




   smallness of amount. Accordingly, present first appeal
   stands dismissed.


   4.       It is made clear that the 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.


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


   6.       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.


   7.         The appellant is at liberty to revive the appeal in case
   of difficulty.




                                                                                     (J. L. ODEDRA, J)
   ADITYA SINGH


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 28/01/2026 12:47:37




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