EXECUTIVE ENGINEER SARDAR SAROVAR NARMADA NIGAMversusTHAKKAR NAGARDAS RAMCHANDJI
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- MOOL CHAND TYAGI
Holding
The appeal is dismissed on account of the smallness of the amount awarded, without addressing the merits.
Summary
The High Court of Gujarat dismissed the first appeal filed by Executive Engineer Sardar Sarovar Narmada Nigam against the award of Rs.4,46,672 granted to the respondents in a road accident claim. The court noted that the amount was modest and there was no dispute over the accident, concluding that the appeal did not merit consideration on its merits. The dismissal was expressly on the ground of the smallness of the award, aimed at avoiding further hardship to the original claimants. The order clarified that it should not be treated as precedent and that the awarded amount should be released to the claimants after verification. The appellant was permitted to revive the appeal if needed.
Issues considered
- Whether an appeal may be dismissed solely on the ground of the smallness of the amount awarded?
Subjects
Judgment
C/FA/2398/2012 ORDER DATED: 26/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2398 of 2012
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EXECUTIVE ENGINEER SARDAR SAROVAR NARMADA NIGAM
Versus
THAKKAR NAGARDAS RAMCHANDJI & ORS.
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Appearance:
ROHAN LAVKUMAR(9248) for the Appellant(s) No. 1
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 8
MR PATHIK M ACHARYA(3520) for the Defendant(s) No. 6
MR.ALOK M THAKKAR(6510) for the Defendant(s) No. 1,2,3,4,5
SERVED BY AFFIX. (R) for the Defendant(s) No. 7
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 26/02/2026
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 learned Tribunal has awarded
an amount of Rs.4,46,672/- to the claimant/s. 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.
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C/FA/2398/2012 ORDER DATED: 26/02/2026
It is made clear that present $rst 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 $nancially on
the part of the original claimant/s to appear and defend the
case.
Therefore, this order shall not be cited as precedent in
any pending matters before any Court in the State of Gujarat.
If any amount of compensation, or any statutory amount,
lying deposited with the Registry of this Court shall be
transmitted to the learned Tribunal concerned.
R & P, if any, to be sent back to the concerned Court
immediately. The entire award amount be disbursed and
released in favour of claimant/s after due veri$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 03/03/2026 11:53:11
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