HASMUKHBHAI BHULABHAI PATELversusMAYUR HASMUKHBHAI PATEL
- Disposal
- 46-ANY OTHER MODE @ 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 petitioners (appellants) challenged a lower court award of Rs.4,08,000 arising from a road accident. The respondents argued that the appeal should not be entertained because the amount in dispute was modest. The Court examined whether the small quantum of the award justified dismissal without addressing the merits. It held that the appeal could be dismissed solely on the ground of smallness to avoid undue hardship to the original claimants. Consequently, the first appeal was dismissed and the award was ordered to be released to the claimants after verification. The order was expressly stated not to be cited as precedent.
Issues considered
- Whether a first appeal may be dismissed on the ground of the smallness of the amount in dispute without consideration of the merits
Subjects
Judgment
C/FA/2052/2020 ORDER DATED: 05/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2052 of 2020
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HASMUKHBHAI BHULABHAI PATEL & ORS.
Versus
MAYUR HASMUKHBHAI PATEL & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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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.4,08,000/-. 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
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C/FA/2052/2020 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 18:03:10
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