ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusBINABEN W/O. DIPAKBHAI DEVJIBHAI GARVA(WIFE)
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed on the ground of the smallness of the amount, without deciding any substantive legal issue.
Summary
The appellant, ICICI Lombard General Insurance Co. Ltd., appealed against a compensation award of less than Rs.5 lakh granted to the respondents, Binaben (wife) and others. The High Court of Gujarat considered the appeal and, noting the modest quantum of the award, decided not to entertain the appeal on the ground of the smallness of the amount. The Court dismissed the appeal without addressing any substantive legal issues, expressly stating that the order does not set any precedent. Consequently, any decree or order (CA) that may have been passed earlier is deemed disposed of. The Court directed the Commissioner to release the deposited compensation, with interest, to the claimants after verification, and ordered the return of the record and pleadings to the lower court.
Issues considered
- Whether an appeal involving a compensation award of less than Rs.5,00,000 can be entertained by the High Court
Subjects
Judgment
C/FA/2816/2023 ORDER DATED: 05/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2816 of 2023
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ICICI LOMBARD GENERAL INSURANCE CO. LTD.
Versus
BINABEN W/O. DIPAKBHAI DEVJIBHAI GARVA(WIFE) & ORS.
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR AMAN A SAMA(11691) for the Defendant(s) No. 8
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1,2,3,4,5,7
RULE SERVED for the Defendant(s) No. 6
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 05/05/2026
ORDER
In the first appeal, the amount of compensation involved
is below Rs.5 lakh.
Having heard the submissions made at bar and
considering the fact that the amount involved in the subject
matter of present First appeal is on lower side i.e. less than
Rs.5,00,000/-, considering the smallness of the awarded
amount involved in the present appeal, the Court is not
inclined to entertain the present appeal and therefore,
present appeal stands dismissed on account of smallness of
amount. Consequently, CA, if any, does not survive and
stands disposed of accordingly.
However, it is clarified that dismissal of present appeal
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C/FA/2816/2023 ORDER DATED: 05/05/2026
shall not be construed that the Court has decided any legal
issue involved in the subject matter of present appeal and
therefore, the decision of present appeal shall not be treated
as precedent for deciding any legal issue.
Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
The learned Commissioner is directed to disburse the
amount of compensation deposited by the appellant to the
claimants after due verification and identification along with
interest and after verifying their right to claim the
compensation.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 05/05/2026 15:01:04
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